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. 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 or its predecessors issued AD/PA-23/12 Amdt 1 affecting Piper PA-23 aircraft. CASA has reviewed this AD and as a result has amended it to AD/PA-23 Amdt 2. The amendment will become effective on 28 August 2008. This AD cancels and replaces the previous issue.
As this AD has been amended because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD amendment. 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 provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, which are intended to safeguard air navigation, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate the continuing airworthiness of aircraft types and aeronautical products, thereby aligning with the obligations of Australia as a signatory to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is responsible for issuing these ADs, ensuring they meet international standards and address any safety issues identified by the State of Design. This legislative framework is designed to uphold the safety and reliability of aviation operations within Australia, in coordination with international aviation authorities.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments that align with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the necessary requirements. This ensures that aircraft operating in Australia meet the continuing airworthiness standards set forth by the international aviation community. The ADs are issued without public consultation due to their alignment with international obligations and do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue these directives is exercised by CASA, reflecting its role in upholding aviation safety standards within Australia.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus, as per section 6 of the Legislative Instruments Act 2003, they are legislative instruments. This framework ensures that ADs are created with the primary goal of maintaining the highest standards of airworthiness.
The obligations under this legislation are multifaceted. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness is maintained. The State of Registry, in this context, is the country where the aircraft is registered, and it must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For instance, when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft, including those on the Australian Register, meet international safety standards.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, and in more serious cases, criminal penalties. The exact penalties depend on the severity of the non-compliance and the impact on safety. For example, operating an aircraft that does not comply with an AD can result in significant fines and potential imprisonment for the aircraft operator. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, to ensure safety standards are upheld.
CASA recently amended the AD/PA-23/12 Amdt 1 to AD/PA-23 Amdt 2 for Piper PA-23 aircraft, effective from 28 August 2008. This amendment cancels and replaces the previous AD due to Australia's obligations under the Convention on International Civil Aviation. Notably, no public consultation was required for this amendment, as determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the ADs are issued with the necessary authority and in compliance with the legislative framework.