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-22/30 affecting Piper PA-22 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-22/30. 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, establish various regulatory requirements to uphold these objectives, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. As specified in regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are aligned with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for maintaining airworthiness. CASA, acting as Australia’s national airworthiness authority, evaluates this information and, where necessary, issues Australian ADs to enforce the requirements of the State of Design. This process ensures that Australian aviation remains compliant with both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, must ensure the continuing airworthiness of individual aircraft on the Australian Register. This involves assessing and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design. The AD/PA-22/30 concerning Piper PA-22 aircraft is a specific instance where CASA cancelled an Australian AD due to the unsafe condition no longer existing. This action aligns with Australia’s international obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together facilitate the regulation of airworthiness through the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows for the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Obligations under these regulations are stringent and clear. The State of Design, which refers to the country where the aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to States of Registry, which are responsible for the airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian aircraft meet safety standards and comply with international obligations.
Failure to adhere to ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered a breach of safety regulations, potentially leading to enforcement actions. While specific penalties are not detailed in the text, non-compliance can result in civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The text does not specify maximum penalties but indicates that CASA has the authority to take necessary actions to enforce compliance with ADs.
Given the international framework under Annex 8 to the Convention on International Civil Aviation, the cancellation of an AD, such as AD/PA-22/30 for Piper PA-22 aircraft, follows rigorous assessment and international obligations. The cancellation process does not require public consultation as determined by the Office of Best Practice Regulation, and no Regulatory Impact Statement is needed. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch issued the cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Act, reflecting the careful consideration and international cooperation involved in airworthiness directives.