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-22/32 Amdt 2 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 ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for regulating the safety of air navigation and the continuing airworthiness of aircraft, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further supports the issuance of ADs by CASA for specific types of aircraft or aeronautical products, ensuring that these directives align with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The AD cancellation, as stated, was made under section 98 of the Civil Aviation Act 1988 by CASA, reflecting Australia's commitment to international obligations and the continuous improvement of aviation safety standards. The policy objective of this action is to maintain high safety standards in civil aviation, consistent with international best practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance and management of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under this legislative structure, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation. This regulatory power is grounded in the State of Registry's responsibility for the continuing airworthiness of individual aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that are subject to disallowance and must comply with the Legislative Instruments Act 2003. In the particular instance of AD/PA-22/32 Amdt 2 concerning Piper PA-22 aircraft, CASA has determined the directive to be obsolete due to Australia's international obligations, leading to its cancellation without public consultation or a Regulatory Impact Statement, as deemed unnecessary by the Office of Best Practice Regulation. The Manager, Airframes in the Airworthiness Engineering Group, acting on behalf of CASA, issued this cancellation in accordance with the Act, and it will take effect on 25 September 2008, with no replacement AD required.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to the issue of airworthiness directives (ADs) are sections 39.001 and 39.001(5). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, while subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument under the Legislative Instruments Act 2003. This means that CASA has the authority to create these directives, which are legally binding and enforceable.
The obligations imposed on parties and entities governed by these regulations include ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. This includes complying with ADs issued by CASA, which are designed to address safety issues and ensure that aircraft remain airworthy.
Under these regulations, failure to comply with an airworthiness directive can result in serious consequences. Specifically, section 98 of the Civil Aviation Act 1988 empowers CASA to take enforcement actions against non-compliance. The potential penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the text, but it is clear that CASA has the authority to impose significant sanctions on those who fail to adhere to ADs. This underscores the importance of complying with these directives to ensure the safety of air navigation.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing, reviewing, and cancelling ADs. For instance, CASA has the authority to cancel an AD if it is no longer necessary or if it conflicts with international obligations, such as those under the Convention on International Civil Aviation. In the case of AD/PA-22/32 Amdt 2, CASA reviewed and decided to cancel it effective 25 September 2008, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This highlights the streamlined process CASA can employ for managing ADs to swiftly address any issues affecting aircraft safety.