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-23/31 Amendment 1 affecting Piper PA-23 model aircraft in 1963. CASA has reviewed this AD and as a result has decided to amend it to eliminate obsolete requirements. The amended AD will become effective on 3 July 2008. This AD cancels and replaces the previous issue.
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 Commonwealth Parliament, governs civil aviation in Australia, with the overarching goal of ensuring the safety of air navigation. As part of its regulatory framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products to maintain airworthiness standards. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations mandate that the State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of aircraft registered in the country. When a State of Design issues an AD, CASA is required to review and, if necessary, issue a corresponding Australian AD. The AD/PA-23/31 Amendment 1 concerning Piper PA-23 model aircraft, originally issued in 1963, has been reviewed and amended by CASA to eliminate obsolete requirements, effective from 3 July 2008. This amendment, which replaces the previous AD, aims to streamline regulations without requiring public consultation or a Regulatory Impact Statement, as it reduces the regulatory burden.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These regulations apply to the State of Registry of individual aircraft, ensuring their continuing airworthiness, and mandate CASA’s role as the national airworthiness authority in this regard. An AD issued by the State of Design for a type of aircraft on the Australian Register must be assessed by CASA, which may then issue an Australian AD to enforce the required safety measures. ADs are integral to maintaining the safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The recent amendment to AD/PA-23/31 Amendment 1 for Piper PA-23 model aircraft exemplifies CASA's ongoing commitment to updating and refining safety regulations, reflecting changes in technology and operational standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory tool is critical for ensuring the safety and airworthiness of aircraft, as mandated by section 98 of the Civil Aviation Act 1988. ADs are designed to address safety issues or deficiencies identified in aircraft design, manufacture, or maintenance. They are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs impose significant obligations on the parties they govern, particularly the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards. Additionally, the State of Design has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide any information necessary to maintain the continuing airworthiness of an aircraft type, which CASA must then integrate into its regulatory framework.
Failure to comply with ADs can lead to serious consequences. Civil penalties can be imposed for non-compliance with ADs, which can include fines. In extreme cases, criminal charges may be brought against individuals or corporations for serious breaches, leading to imprisonment. The maximum penalties are not specified in the provided text, but they typically vary depending on the severity and intent behind the non-compliance. The regulatory impact of ADs is such that CASA may take enforcement actions, including grounding aircraft, to ensure compliance and maintain the high safety standards required in civil aviation.