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-23/3, affecting Piper PA-23 model aircraft in the mid 1950s. 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 provide a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing various safety and operational aspects of the aviation industry. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft. The Act empowers CASA to issue such directives, which align with the responsibilities of the State of Design and State of Registry under Annex 8 of the Convention on International Civil Aviation. The process of issuing and cancelling ADs, such as AD/PA-23/3 affecting Piper PA-23 model aircraft, is conducted to manage the safety and regulatory compliance of aircraft in Australia, with the aim of reducing the regulatory burden where appropriate. This ensures that Australian civil aviation standards are maintained in line with international norms and safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds overall responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure that the aircraft on the Australian Register meet the necessary airworthiness standards. This obligation includes issuing Australian ADs when required by the State of Design. CASA has recently cancelled AD/PA-23/3, which was applicable to Piper PA-23 model aircraft from the mid-1950s, effective from 3 July 2008, as all affected aircraft would have been modified long ago, and no replacement AD is necessary. No public consultation was conducted due to the reduction in regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). These directives are legislative instruments created by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. An AD is issued for specific types of aircraft or aeronautical products, and it serves as a critical means of maintaining the continuing airworthiness of these aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of that aircraft type, and it must provide all necessary information to the States of Registry to assist in maintaining airworthiness. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, has the obligation to assess any AD issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. In the case of AD/PA-23/3, which affects Piper PA-23 model aircraft from the mid-1950s, CASA has reviewed and decided to cancel this directive, effective from 3 July 2008. This cancellation is due to all affected aircraft having been modified long ago, rendering the directive unnecessary. It is important to note that no consultation with the Australian public was required for this cancellation, as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with an AD can have serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may be liable for penalties. The specific penalties for breaches of ADs are not detailed in the provided text, but in general, such breaches can result in civil penalties, which may include fines, or criminal penalties, which may include imprisonment, depending on the severity of the breach and the discretion of the court. The Act also provides that ADs are disallowable instruments under the Acts Interpretation Act 1901, which means they can be reviewed and disallowed by Parliament if found to be inconsistent with the Act or if they exceed the powers granted by the Act.