AD/PA-22/28 - Automatic Pilot Roll Servo Shear Pin - Installation - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to regulate civil aviation in Australia, focusing primarily on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that are essential for the safety of air navigation, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced. These regulations provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. The policy objective of these directives is to ensure that all aircraft maintain the required airworthiness standards, thereby enhancing the safety of air navigation. In accordance with international standards set by the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, plays a crucial role in this process by issuing Australian ADs when necessary. Recently, CASA assessed and subsequently cancelled Australian AD/PA-22/28 concerning Piper PA-22 aircraft, effective 5 June 2008, as the unsafe condition no longer exists. This decision was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the Act.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are made to ensure the continuing safety of air navigation and are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these regulations applies to all aircraft registered within Australia and is guided by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, has the duty to assess the ADs issued by the State of Design and, when necessary, issue corresponding Australian ADs to enforce these requirements. The recent cancellation of Australian AD/PA-22/28 for Piper PA-22 aircraft exemplifies CASA’s commitment to maintaining safety standards, as the unsafe condition addressed by the AD has been resolved, thereby eliminating the need for ongoing regulation. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation’s guidelines.

Key Provisions

The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations that align with the Act’s objectives and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a means to ensure that the aircraft or products maintain their airworthiness. Section 6 of the Legislative Instruments Act 2003 recognises ADs as legislative instruments, and subregulation 39.001(5) further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations 1998 impose several obligations on the parties and entities they govern. Firstly, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the type's airworthiness to relevant States of Registry. Secondly, the State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure the safety of the aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. Failure to comply with the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various offences and penalties. While the specific penalties are not detailed in the provided text, the consequences of non-compliance can include administrative sanctions, fines, or other regulatory actions. The severity of these penalties can vary based on the nature and extent of the breach, and could potentially encompass civil or criminal liability depending on the circumstances. In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for ensuring the safety and airworthiness of aircraft in Australia. The Act empowers the Governor-General to issue necessary regulations, while the Regulations specifically mandate the issuance of ADs by CASA. These directives, along with the responsibilities of the States of Design and Registry, are integral to maintaining the high safety standards required in civil aviation. The cancellation of an AD, such as Australian AD/PA-22/28 for Piper PA-22 aircraft, reflects the dynamic and responsive nature of this regulatory framework.