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-23/43 Amdt 1 affecting Piper PA-23 aircraft equipped with 3080C Cleveland wheel and brake assemblies. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on
12 February 2009. 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 acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft within Australian airspace. One of the Act's key provisions allows the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs serve as a critical mechanism for maintaining and ensuring the safety and airworthiness of aircraft, in alignment with international standards set by the Convention on International Civil Aviation. The policy objective behind these regulations is to protect public safety and to ensure that Australian aviation practices meet or exceed international safety standards. The recent cancellation of a specific airworthiness directive affecting Piper PA-23 aircraft, due to Australia’s obligations under the Convention, exemplifies the application of these legislative provisions in practice.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Specifically, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which serve as legislative instruments for specified types of aircraft or aeronautical products. These directives, which are crucial for maintaining the continuing airworthiness of aircraft, are issued under the authority of the State of Registry and in accordance with Australia’s obligations under the Convention on International Civil Aviation. The ADs are designed to meet the standards set forth in Annex 8 of the Convention, which places responsibility on the State of Design for the airworthiness of an aircraft type and on the State of Registry for individual aircraft. The issuance and cancellation of such directives, including AD/PA-23/43 Amdt 1 affecting Piper PA-23 aircraft, are actions taken by CASA, reflecting its role in enforcing compliance with airworthiness standards. The cancellation of this particular AD, which will become effective on 12 February 2009, is a result of Australia’s adherence to international civil aviation conventions, and no public consultation or Regulatory Impact Statement is required for such actions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain aircraft or aeronautical products. These ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft and are critical for maintaining safety standards in civil aviation.
Compliance with ADs is mandatory for the entities and parties they govern. For instance, the State of Design of an aircraft type must ensure the continuing airworthiness and provide necessary information to the State of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. This means that both the State of Design and the State of Registry must adhere to the ADs issued by CASA to maintain compliance with international standards and ensure safety.
Failure to comply with ADs can result in various civil and criminal consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to fines or imprisonment. The exact penalties are not specified in the provided text, but generally, the severity of the penalty depends on the nature and extent of the breach. Additionally, ADs being legislative instruments, their non-compliance could also attract sanctions under the Legislative Instruments Act 2003. Thus, entities and individuals must take ADs seriously to avoid legal repercussions.
In the specific case of AD/PA-23/43 Amdt 1, CASA issued an AD affecting Piper PA-23 aircraft equipped with 3080C Cleveland wheel and brake assemblies. However, due to Australia's obligations under the Convention on International Civil Aviation, CASA reviewed and subsequently cancelled this AD, effective from 12 February 2009. This cancellation does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, in accordance with the legislative framework provided by the Civil Aviation Act 1988.