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-23/54 affecting Piper PA-23 aircraft equipped with Met-Co-Aire wing-tip fuel tanks. 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 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, enacted by the Parliament of Australia, was designed to provide a regulatory framework for civil aviation operations within the country, with a strong emphasis on ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, with one such regulation being the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998, in turn, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft or aeronautical products, as stated under regulation 39.001. These airworthiness directives are legislative instruments, disallowable under the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003. The underlying policy objective of these directives is to ensure the continuing airworthiness of aircraft, in alignment with Australia's international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are critical for ensuring the ongoing safety and airworthiness of aircraft. The Civil Aviation Safety Authority (CASA), empowered under regulation 39.001 of the Civil Aviation Safety Regulations 1998, has the authority to issue ADs for specific types of aircraft or aeronautical products. These directives serve as a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the provisions of the Legislative Instruments Act 2003. The ADs are aligned with the requirements under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, as well as the State of Registry, bear the responsibility for the continuing airworthiness of aircraft, ensuring they meet international safety standards. In this context, CASA issued an AD affecting Piper PA-23 aircraft equipped with Met-Co-Aire wing-tip fuel tanks, which has subsequently been cancelled, effective from 12 February 2009, due to Australia's obligations under the Convention. This cancellation did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is noteworthy that subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs are essential tools for maintaining the continuing airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for ensuring the ongoing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry. The State of Registry, on the other hand, is tasked with developing or adopting requisite measures to uphold the continuing airworthiness of individual aircraft.
Entities governed by the Civil Aviation Safety Regulations 1998 must comply with the obligations and requirements set forth by the ADs. This includes ensuring that all aircraft meet the specified standards and requirements as outlined in the ADs. For instance, CASA or its predecessors issued AD/PA-23/54, which affected Piper PA-23 aircraft equipped with Met-Co-Aire wing-tip fuel tanks. CASA has since reviewed and subsequently cancelled this AD, which will take effect on 12 February 2009, without necessitating a replacement AD. The obligations extend to both the State of Design and the States of Registry, as they must collaborate to maintain the airworthiness of aircraft types and individual aircraft respectively. Furthermore, ADs are a critical mechanism for disseminating continuing airworthiness information, a responsibility shared by most International Civil Aviation Organization (ICAO) Contracting States.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text regarding the breach of ADs. However, it is implicit that non-compliance with ADs could potentially result in safety risks and legal repercussions. As ADs are integral to ensuring the safety and airworthiness of aircraft, failure to adhere to these directives could lead to serious consequences, including aircraft accidents, injuries, or fatalities. The regulatory framework, therefore, imposes a strong obligation on the entities governed by the Civil Aviation Safety Regulations 1998 to comply with ADs to prevent such adverse outcomes. It is also worth noting that the cancellation of the AD in question was in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.