AD/PA-23/19 - Elevator Control Tube Bellcrank Attachment - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the legal framework for regulating the aviation industry and is enforced by the Civil Aviation Safety Authority (CASA). Among its provisions, the Act allows CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that mandate safety requirements for specific aircraft types or aeronautical products. The ADs aim to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to enhance aviation safety and ensure compliance with international standards. In line with its mandate, CASA issued an airworthiness directive (AD/PA-23/19) affecting Piper PA-23 model aircraft in the mid-1950s. After review, CASA decided to cancel this directive, which will become effective on 3 July 2008. The cancellation of the AD represents a reduction in regulatory burden without necessitating a replacement AD, as all affected aircraft would have been modified long ago. This 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, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft types, in line with the obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must review and act upon ADs issued by States of Design that affect aircraft on the Australian Register, potentially issuing Australian ADs to mandate these requirements. The scope of this Act and its regulations extends to all entities involved in the design, registry, and operation of aircraft within Australia, with no exclusions or thresholds specified in the text.

Key Provisions

The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued and managed. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purpose of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The ADs are legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These ADs are a crucial form of continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the airworthiness of an aircraft type. The State of Registry is also responsible for the continuing airworthiness of individual aircraft. The obligations and requirements imposed by the Act and the Regulations on the parties and entities they govern are primarily focused on ensuring the safety and airworthiness of aircraft. The State of Design is required to provide necessary information to ensure the continuing airworthiness of an aircraft type to appropriate States of Registry. The State of Registry, in this case CASA, must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. The ADs serve as a means for CASA to implement the airworthiness requirements set by the State of Design. The process involves detailed assessments and evaluations to ensure compliance with safety standards and the effective management of airworthiness directives. There are potential civil and criminal consequences for breaches of the ADs and related regulations. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations generally carry significant consequences. Typically, such breaches could result in fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties would be determined by the relevant courts based on the specific circumstances of each case. The regulations aim to enforce compliance to maintain the highest standards of aviation safety, and non-compliance can have serious repercussions for individuals and entities involved in civil aviation. In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a structured approach to issuing and managing airworthiness directives. The regulations ensure that the safety of air navigation is prioritised, with specific roles and responsibilities assigned to the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, plays a critical role in assessing and implementing these directives. While the specific penalties for non-compliance are not detailed, the potential consequences are significant, reinforcing the importance of adhering to the regulations.