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-23/20 affecting Piper PA-23 model aircraft in 1960. 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 regulate civil aviation safety in Australia and to establish the framework for the safe operation of aircraft within Australian airspace. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, which are then overseen by the Civil Aviation Safety Authority (CASA). One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. ADs are considered legislative instruments, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining safety standards as per the requirements of the International Civil Aviation Organization (ICAO), with the State of Design having the primary responsibility for the airworthiness of aircraft types, and the State of Registry ensuring the continuing airworthiness of individual aircraft within its jurisdiction.
The Civil Aviation Safety Regulations 1998 provide the legal basis for CASA to issue, review, and cancel ADs, ensuring that they align with international standards and effectively address any safety concerns. The decision to cancel AD/PA-23/20, which affected Piper PA-23 model aircraft, was made by CASA after a review determined that the necessary modifications had already been completed, and no further regulatory action was required. This cancellation, effective from 3 July 2008, reduces the regulatory burden without the need for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are subject to the requirements of the Legislative Instruments Act 2003. The State of Design of an aircraft type holds primary responsibility for its continuing airworthiness and must provide necessary information to States of Registry, such as Australia, to ensure compliance with international standards as per Annex 8 of the Convention on International Civil Aviation. CASA, as the State of Registry, is mandated to assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. In the case of AD/PA-23/20, which affected Piper PA-23 model aircraft manufactured in 1960, CASA has decided to cancel the directive due to the aircraft having been modified long ago, thus eliminating the need for a replacement. This decision was made without public consultation as it reduces regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (CIVIL AVIATION SAFETY REGULATIONS 1998) pertain to the issuance of airworthiness directives (ADs), as outlined in regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations primarily rest on CASA as the national airworthiness authority. CASA must assess information provided by the State of Design when an AD is issued against a type of aircraft registered in Australia. If deemed necessary, CASA must then issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia aligns with international standards and practices.
Failure to comply with an AD can result in significant consequences. Although the specific penalties are not detailed in the provided text, non-compliance with CASA regulations generally can lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity and intent behind the non-compliance. The exact nature and extent of these penalties would be determined in accordance with other relevant sections of the Civil Aviation Act 1988 and associated regulations.
It is also pertinent to note that the cancellation of an AD, such as AD/PA-23/20 affecting Piper PA-23 model aircraft, follows a formal review process. This cancellation, effective from 3 July 2008, was determined not to require public consultation as it reduces the regulatory burden. The Office of Best Practice Regulation has also concluded that ADs do not necessitate a Regulatory Impact Statement, simplifying the procedural requirements for such administrative actions.