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-23/5 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, enacted by the Australian Parliament, was established to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being classified as disallowable instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of this regulatory framework is to uphold the international standards set by the Convention on International Civil Aviation, particularly those outlined in Annex 8, which mandates that the State of Design is responsible for the ongoing airworthiness of an aircraft type and must share necessary information with the States of Registry to ensure such airworthiness. CASA, as Australia’s national airworthiness authority, has the responsibility to review and act on ADs issued by the State of Design, ensuring they are implemented appropriately within the Australian aviation context.
Scope and Application
The Civil Aviation Safety Regulations 1998, which were made under section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to aircraft registered in Australia and are designed to ensure the continuing airworthiness of these aircraft, in accordance with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes the issuance of ADs when necessary to address safety issues identified by the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type. ADs are a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901. The AD/PA-23/5 issued by CASA concerning the Piper PA-23 model aircraft, which has been cancelled, is an example of such regulatory action. The cancellation of this AD, effective from 3 July 2008, has been determined not to require a Regulatory Impact Statement by the Office of Best Practice Regulation and was made in accordance with the authority granted under the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs) for aircraft types and aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. ADs play a crucial role in ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by the Act and the Regulations are primarily centred around the issuance and enforcement of ADs to ensure the safety and airworthiness of aircraft. The State of Design, which designs an aircraft type, has the responsibility for its continuing airworthiness and must provide necessary information to the appropriate State of Registry. The State of Registry, which registers the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing Australian ADs as necessary. CASA must also ensure that ADs are reviewed and updated as needed to maintain safety standards.
In the case of the Piper PA-23 model aircraft, CASA issued AD/PA-23/5 in the mid-1950s, which has now been reviewed and cancelled. The cancellation of the AD is effective from 3 July 2008, as all affected aircraft have already been modified. This cancellation results in a reduction of the regulatory burden, and no consultation with the Australian public was necessary, as determined by the Office of Best Practice Regulation. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaching the ADs or failing to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. However, it is important to note that non-compliance with ADs or failure to maintain the airworthiness of an aircraft can potentially lead to serious safety issues, which could result in regulatory action, fines, or other civil or criminal consequences depending on the severity of the breach.