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. 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 and its predecessors issued AD/PA-23/46 specifying inspection of the engine exhaust system in Piper PA-23-250 and PA-E23-250 aircraft. AD/PA-23/46 is intended to match AD 72-14-05 issued for the Piper PA-23-250 and PA-E23-250 in the USA, the State of Design of the Piper PA-23. CASA has reviewed AD/PA-23/46 and has decided to amend it to more closely match AD 72-14-05. The amendment, AD/PA-23/46 Amdt 1, will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Systems and New Technologies 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support the overarching goal of aviation safety, including the issuance of airworthiness directives (ADs) as specified under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), acting under regulation 39.001, has the authority to issue ADs for types of aircraft or aeronautical products, which are critical for maintaining the continuing airworthiness of aircraft registered in Australia. The policy objective behind the ADs is to align Australian regulations with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation practices are consistent with global safety benchmarks.
The legislative instrument in question, AD/PA-23/46 Amdt 1, was developed by CASA in response to an AD issued by the State of Design of a specific type of aircraft, the Piper PA-23. This amendment is intended to align Australian regulations more closely with those of the United States, the State of Design for the Piper PA-23. Given that this AD is a direct response to international obligations and is aimed at harmonising regulatory requirements, it was deemed unnecessary to consult the Australian public or to prepare a Regulatory Impact Statement. The amendment was issued under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments under Australian law, are crucial for ensuring the continuing airworthiness of aircraft registered in Australia. As the national airworthiness authority, CASA must align with directives issued by the State of Design and ensure that these are adopted in Australia to meet international standards. In the case of the Piper PA-23-250 and PA-E23-250 aircraft, CASA issued AD/PA-23/46 to mandate inspections of the engine exhaust system, and subsequently amended it to AD/PA-23/46 Amdt 1 to align more closely with the US Federal Aviation Administration's directive AD 72-14-05. This process underscores CASA's responsibility to uphold safety standards as required under international conventions and the obligations of the State of Registry to maintain the airworthiness of aircraft within its jurisdiction. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, reflecting the technical nature of the regulatory process.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to create regulations that promote the safety of air navigation. Regulation 39.001 of 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. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs serve as a critical mechanism for ensuring the ongoing airworthiness of aircraft, a responsibility that rests with the State of Design under Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
The obligations imposed by this legislation primarily fall on CASA and the State of Registry. CASA, as the authority responsible for airworthiness, must diligently assess any ADs issued by the State of Design and, if appropriate, issue Australian ADs to ensure compliance. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, a duty that includes developing or adopting necessary requirements. When an AD is issued by the State of Design, CASA must act promptly to review and, if necessary, issue an Australian AD to mandate the same safety requirements. This process is crucial for maintaining the safety and airworthiness of aircraft registered in Australia.
Failure to comply with an airworthiness directive can lead to serious consequences. Section 94C of the Civil Aviation Act 1988 outlines the offences and penalties associated with non-compliance. An operator who contravenes an AD commits an offence and is liable to a penalty. The maximum penalty for an individual is 500 penalty units, while the maximum penalty for a body corporate is 2,500 penalty units. In addition to the criminal penalties, non-compliance can result in administrative actions, including the grounding of non-compliant aircraft, which can severely impact aviation operations. The severity of the penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.