CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-22/24 Amendment 1 affecting Piper PA-22 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-22/24 Amendment 1. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, provides the legislative foundation for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This Act empowers CASA, as Australia’s national airworthiness authority, to issue ADs in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards set by the Convention on International Civil Aviation. The objective of these directives is to maintain the continuing airworthiness of aircraft and aeronautical products, thereby addressing any safety issues that may arise. In the case of AD/PA-22/24 Amendment 1 affecting Piper PA-22 aircraft, CASA assessed the directive and subsequently cancelled it, effective from 5 June 2008, due to the resolution of the unsafe condition, without the need for a replacement directive. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to ensure their continuing airworthiness. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are integral to maintaining the safety standards in line with the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures the practical implementation of these directives. The issuance and cancellation of ADs, such as AD/PA-22/24 Amendment 1 for Piper PA-22 aircraft, are governed by international obligations and internal safety assessments, with CASA acting on behalf of the Australian government. Notably, the cancellation of an AD, such as the one for the Piper PA-22 aircraft, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations that are in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
Obligations under these provisions include the State of Design having responsibility for the continuing airworthiness of an aircraft type, providing necessary information to ensure airworthiness to States of Registry. The State of Registry, such as CASA in Australia, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this specific case, CASA has assessed and subsequently cancelled Australian AD/PA-22/24 Amendment 1 for Piper PA-22 aircraft, as the unsafe condition no longer exists.
The consequences of breaching the requirements set out in these regulations can be severe. Offences under the Civil Aviation Act 1988 may result in penalties that can vary widely depending on the nature and severity of the breach. For example, breaches of ADs can lead to civil penalties, which may include substantial fines, and in some cases, criminal penalties such as imprisonment. The exact penalties depend on the specific breach and the discretion of the court. Compliance with ADs is crucial, as failure to adhere to these directives can compromise the safety of air navigation, potentially leading to accidents or incidents with severe consequences.