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-22/4, affecting Piper PA-22 model aircraft, in 1951. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as all affected aircraft would have been modified long ago.
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 address the need for a comprehensive framework governing civil aviation safety in Australia, ensuring the safety and efficiency of air navigation within the country. Under the authority vested in the Governor-General by section 98 of the Act, and in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft. These directives are critical in implementing international standards as set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the ongoing airworthiness of aircraft types and mandates the State of Registry to adopt or develop necessary requirements to uphold airworthiness. In this context, CASA, as the national airworthiness authority, evaluates and issues Australian ADs when required, ensuring compliance with international obligations and the safety of air navigation. The cancellation of AD/PA-22/4, affecting Piper PA-22 model aircraft, exemplifies CASA's proactive approach in managing and updating airworthiness directives to align with current safety standards and reduce regulatory burdens.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia to ensure the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning certain types of aircraft or aeronautical products, and subregulation 39.001(5) stipulates that such ADs are disallowable instruments under the Acts Interpretation Act 1901, thus constituting legislative instruments as per the Legislative Instruments Act 2003. This regulatory mechanism applies to aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO) as detailed in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure compliance with these standards within Australia. The scope of the ADs is broad, encompassing the entire Australian aviation industry and all relevant aircraft operators, and is applied nationally to maintain consistent safety standards. The Act does not explicitly outline exclusions or thresholds but operates under the principle of safety and compliance with international norms.
Key Provisions
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 set the legal framework for airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. Regulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. Annex 8 of the Convention on International Civil Aviation further underscores the State of Design's responsibility for an aircraft type's continuing airworthiness and the State of Registry's role in implementing these requirements. CASA, acting as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to align with the State of Design's mandates.
Under this legislative framework, CASA has the authority to issue, review, and cancel ADs as necessary. For example, CASA issued AD/PA-22/4 in 1951, which affected Piper PA-22 model aircraft. After reviewing this directive, CASA has decided to cancel it, effective 3 July 2008. The cancellation decision is based on the premise that all affected aircraft have already undergone necessary modifications, rendering the AD obsolete. Consequently, no new AD is required to replace it. This cancellation is seen as a reduction in regulatory burden, which justifies the absence of public consultation and a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
CASA's obligations under this legislation are extensive and include the assessment of ADs issued by the State of Design and the issuance of corresponding Australian ADs to ensure compliance with international airworthiness standards. The obligations also extend to reviewing existing ADs to determine if they remain necessary or can be cancelled to reduce unnecessary regulatory burdens. Furthermore, CASA must ensure that all affected aircraft meet the necessary safety standards as dictated by current ADs. These obligations ensure that CASA effectively manages the continuing airworthiness of aircraft registered in Australia, thereby maintaining high safety standards in accordance with national and international regulations.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant responsibilities and obligations on CASA and other entities governed by these laws. Failure to comply with these obligations can result in severe consequences. While the specific offences and penalties are not detailed in the provided text, the overarching legislative framework implies that non-compliance could lead to legal actions, penalties, or other regulatory measures to enforce adherence to airworthiness standards. The severity of these consequences can vary depending on the nature and extent of the breach, but they are designed to ensure that all parties comply with the stringent safety requirements to protect public safety in air navigation.