AD/PA-23/52 - Navigation Light Wiring Through Tip Tank - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a legislative framework for the regulation of civil aviation in Australia. The Act provides the legal basis for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. In accordance with section 46A of the Acts Interpretation Act 1901, an AD is considered a disallowable instrument, and as such, it is a legislative instrument under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 facilitates the implementation of international standards and practices, as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and requiring States of Registry to adopt measures for the same. The cancellation of AD/PA-23/52, which affected Piper PA-23 aircraft with Met-Co-Aire wing-tip fuel tanks, was made by CASA due to Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public has taken place on this matter. The AD cancellation was issued 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. Given the nature of ADs, the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement. This AD cancellation aims to align with international standards and ensure the safety and airworthiness of aircraft within Australia, reflecting the policy objective of the Civil Aviation Act 1988 to safeguard air navigation and public safety in civil aviation.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments and are issued to ensure the safety of air navigation. The ADs align with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and necessitates the provision of necessary information to the State of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft and must establish or adopt relevant requirements. The AD/PA-23/52 issued by CASA concerning Piper PA-23 aircraft equipped with Met-Co-Aire wing-tip fuel tanks has been cancelled as per Australia’s international obligations, with no consultation or regulatory impact statement required. The cancellation will take effect on 12 February 2009, and no replacement AD is necessary. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, under the authority of subsection 84A(2) of the Act.

Key Provisions

The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, in accordance with section 6 of the Legislative Instruments Act 2003, it is considered a legislative instrument. These directives are essential for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design is held responsible for ensuring this airworthiness and must provide necessary information to the States of Registry. The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on the maintenance of airworthiness standards for aircraft operating in Australia. The State of Design is mandated to ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. The State of Registry, in turn, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In this context, CASA's role is to issue ADs to address specific safety concerns or maintenance requirements for aircraft types registered in Australia. The cancellation of AD/PA-23/52 affecting Piper PA-23 aircraft equipped with Met-Co-Aire wing-tip fuel tanks is an example of CASA exercising this authority to ensure the safety and airworthiness of aircraft within Australia. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are no specific offences or penalties outlined for the non-compliance with airworthiness directives. However, the broader implications of failing to comply with ADs can lead to severe consequences, including potential aircraft accidents or incidents that could result in loss of life, injury, and significant property damage. Non-compliance with ADs may also result in enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other regulatory measures to ensure compliance with safety standards. The severity of these consequences underscores the critical importance of adhering to ADs and maintaining the airworthiness of aircraft. The AD cancellation process, as demonstrated by the cancellation of AD/PA-23/52, is governed by Australia's obligations under the Convention on International Civil Aviation. In this case, the cancellation was made in accordance with subsection 84A(2) of the Act, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This streamlined process ensures that CASA can efficiently address safety concerns and maintain the airworthiness of aircraft registered in Australia while adhering to international standards and obligations. The cancellation of AD/PA-23/52, effective from 12 February 2009, is an example of CASA's commitment to ensuring the safety and airworthiness of aircraft in Australia.