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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-23/35 Amdt 1 affecting Piper PA-23 and PA-23-160 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. Under this Act, the Governor-General has the authority to create regulations for the safety of air navigation. One such regulation, established under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory measure ensures that aircraft maintain their airworthiness throughout their operational life, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs serve as a critical tool for CASA in managing the continuing airworthiness of aircraft, reflecting Australia’s commitment to international aviation safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs concerning specific kinds of aircraft or aeronautical products. These ADs serve as a mechanism to maintain the continuing airworthiness of aircraft and aeronautical products, and are a common form of continuing airworthiness information in accordance with Annex 8 to the Convention on International Civil Aviation. ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Registry of an individual aircraft holds responsibility for ensuring the aircraft's continuing airworthiness, while the State of Design is responsible for the overall responsibility for the continuing airworthiness of an aircraft type. The AD in question, which affected Piper PA-23 and PA-23-160 aircraft, was issued and subsequently cancelled by CASA due to Australia’s obligations under the Convention on International Civil Aviation, and no consultation or Regulatory Impact Statement was required as determined by the Office of Best Practice Regulation. The cancellation of this AD will become effective on 28 August 2008, and no replacement AD is necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory power is grounded in the broader international framework, as outlined in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. The ADs serve as a key mechanism for disseminating necessary information to ensure the safety and airworthiness of aircraft.
The obligations under this legislation are significant for both CASA and the State of Registry. CASA, as the regulatory body, is tasked with issuing ADs that mandate specific actions or modifications to aircraft to ensure their continued airworthiness. The State of Registry must implement these directives and ensure that the aircraft under its jurisdiction comply with the ADs. This includes conducting necessary inspections, maintenance, and modifications, as specified in the ADs. CASA’s role also involves reviewing and, if necessary, cancelling ADs, as demonstrated by the recent cancellation of AD/PA-23/35 Amdt 1 for Piper PA-23 and PA-23-160 aircraft, effective from 28 August 2008. The State of Registry must ensure that all aircraft are maintained in accordance with the applicable ADs, and this includes conducting the necessary compliance checks and record-keeping to demonstrate adherence to the regulatory requirements.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose serious consequences for non-compliance with the ADs. Failure to adhere to the ADs can result in severe civil and criminal penalties. Civil penalties may include fines, with the exact amount varying depending on the nature and severity of the non-compliance. Criminal penalties can be imposed in more serious cases, potentially including imprisonment for directors or responsible officers of entities found in breach of the ADs. The specific penalties are detailed in the relevant sections of the Act and Regulations, and they are designed to enforce strict compliance with airworthiness directives to maintain the highest standards of aviation safety. CASA has the authority to take enforcement actions against non-compliant entities, including issuing fines and pursuing legal action where appropriate.