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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-22/29 affecting Piper PA-22 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008. No replacement AD is required.
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, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and to ensure the safety of air navigation. As part of its regulatory framework, the Act empowers the Governor-General to create regulations that support these objectives. One such regulation is the Civil Aviation Safety Regulations 1998, which, under section 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are intended to ensure the safety and airworthiness of aircraft, thereby aligning with the overarching policy objective of maintaining high safety standards in Australian civil aviation. The Civil Aviation Act 1988 and its associated regulations are designed to fulfil Australia's obligations under the Convention on International Civil Aviation, ensuring that Australian aviation practices are consistent with international standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments, and their issuance aligns with Australia's international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft within Australia. The ADs serve as a crucial mechanism for maintaining airworthiness, and their cancellation, such as the cancellation of AD/PA-22/29 affecting Piper PA-22 aircraft, is managed by CASA in accordance with the legislative framework. The cancellation of this specific AD was made due to Australia's commitments under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically permits CASA to issue ADs for certain types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA to issue ADs to maintain the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type is responsible for providing necessary information to ensure its airworthiness, while the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of individual aircraft. In this context, CASA, acting as the State of Registry, issued an AD affecting Piper PA-22 aircraft, which has now been cancelled. This cancellation aligns with Australia’s obligations under international conventions, and as such, no public consultation or Regulatory Impact Statement was required.
The cancellation of AD/PA-22/29 will become effective on 25 September 2008, and no replacement AD is necessary. The AD was issued under subsection 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA. Given the legislative nature of ADs, failure to comply with an AD can lead to significant legal consequences. Although specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives can typically result in severe penalties, including fines and potential criminal charges, depending on the severity of the breach and its impact on aviation safety.