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.
CASA issued AD/PA-22/25, affecting Piper PA-22 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for robust safety standards and oversight within the aviation industry. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing detailed operational rules and requirements. The issuance of airworthiness directives (ADs) is a critical mechanism under this regulatory scheme, allowing the Civil Aviation Safety Authority (CASA) to mandate safety measures for specific aircraft or aeronautical products. This legislative structure aims to maintain high safety standards and align with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, thereby safeguarding the public and promoting safe air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing safety of air navigation. ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as a crucial mechanism for maintaining airworthiness standards in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design for an aircraft type is responsible for ensuring its continuing airworthiness and must provide necessary information to States of Registry, such as Australia, which are then required to implement these requirements domestically. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce these requirements. The specific AD/PA-22/25, which affected Piper PA-22 model aircraft from 1971, has been reviewed and cancelled by CASA, effective from 17 January 2008, as the unsafe condition it addressed is now covered by another AD. This cancellation was deemed to reduce regulatory burden, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as mentioned in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulation aligns with Annex 8 of the Convention on International Civil Aviation, where the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to relevant States of Registry to ensure this airworthiness. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must implement or adopt requirements to uphold this responsibility.
When an AD is issued by a State of Design concerning an aircraft type registered in Australia, CASA must evaluate this information. If deemed necessary, CASA will issue an Australian AD to enforce the State of Design’s requirements. For instance, CASA issued AD/PA-22/25 concerning Piper PA-22 model aircraft from 1971. After review, CASA has decided to cancel this AD, effective from 17 January 2008, as the safety concerns it addressed have been resolved by another directive, AD/GENERAL/74 Amendment 1. There was no need for public consultation on this cancellation as it reduces the regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
The issuance of this AD cancellation was carried out by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that CASA adheres to its mandate under the Act to regulate airworthiness effectively and efficiently. The obligations placed on CASA include the assessment of ADs issued by States of Design, the issuance of corresponding Australian ADs where necessary, and the cancellation of ADs when the safety issues they address have been resolved. Failure to comply with these obligations could potentially lead to civil or administrative penalties, although specific penalties are not detailed in the provided text. The effectiveness of CASA's regulatory actions is crucial for maintaining the high standards of aviation safety in Australia.