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-23/23 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, enacted by the Parliament of Australia, addresses the regulation and safety of air navigation. This legislation provides the framework for ensuring the safety of aircraft and aeronautical products, with a particular emphasis on the continuing airworthiness of aircraft. One of the key mechanisms through which these objectives are achieved is the issuance of airworthiness directives (ADs), as detailed in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs to mandate safety requirements for specific types of aircraft or aeronautical products. The policy objective is to maintain high safety standards in alignment with international conventions such as Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the airworthiness of aircraft. In the case of the AD/PA-23/23 affecting Piper PA-23 model aircraft, CASA has decided to cancel the directive due to the aircraft already being modified long ago, thereby reducing the regulatory burden without the need for a new AD. This decision was made in accordance with the legislative powers granted under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products in the interest of maintaining safety standards in air navigation. These ADs serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. CASA, as Australia’s national airworthiness authority, has the responsibility to issue such directives when the State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type, issues an AD. The ADs are integral to ensuring that aircraft meet the necessary safety standards as per Annex 8 to the Convention on International Civil Aviation. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements to achieve this, and implementing the directives issued by the State of Design. In the case of the Piper PA-23 model aircraft, CASA issued an AD in 1960, which has now been cancelled due to the affected aircraft having been modified long ago, thus eliminating the need for a replacement AD. This cancellation was executed without public consultation as it reduces regulatory burden, and it has been determined that such ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). An AD, which is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, is essentially a legislative instrument (section 6 of the Legislative Instruments Act 2003). These directives are integral to maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type was originally designed, has the primary responsibility for ensuring the continuing airworthiness of that type and must provide necessary information to the State of Registry. The State of Registry, in this case, CASA, is responsible for the continuing airworthiness of individual aircraft registered in Australia. When the State of Design issues an AD, CASA must review and, if appropriate, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations imposed by these provisions on CASA and other entities include the assessment and enforcement of ADs to ensure the safety of aircraft. CASA, as the national airworthiness authority, must rigorously assess information from the State of Design and implement necessary ADs for aircraft registered in Australia. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. These obligations underscore the importance of international cooperation and adherence to ICAO standards for maintaining aviation safety. CASA has issued AD/PA-23/23 for Piper PA-23 model aircraft in 1960, and after review, has decided to cancel this directive, effective 3 July 2008. Given that all affected aircraft would have been modified long ago, no replacement AD is required. This cancellation is a result of reduced regulatory burden, and no consultation with the Australian public was deemed necessary.
Under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, any failure to comply with an AD may lead to significant consequences. CASA can take enforcement actions against entities that do not adhere to the requirements of an AD, which may include fines, suspension of airworthiness certificates, or other regulatory measures. The severity of these consequences underscores the critical nature of airworthiness directives in ensuring the safety of air navigation. The AD cancellation for Piper PA-23 model aircraft, issued by CASA, was made by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act. This procedural adherence ensures that all regulatory actions are taken within the legal framework established by the Civil Aviation Act 1988.