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-23/56 affecting Piper PA-23 aircraft equipped with turbo-charged engines. 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 Commonwealth Parliament, establishes the legal framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to create regulations that support the overarching objective of aviation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments intended to maintain the airworthiness of aircraft and aeronautical products. The ADs are a practical implementation of the international obligation under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type. Consequently, CASA, as the State of Registry, has the duty to ensure the ongoing airworthiness of aircraft through regulatory measures such as ADs.
In a specific case, CASA issued and subsequently cancelled an airworthiness directive (AD/PA-23/56) pertaining to Piper PA-23 aircraft equipped with turbo-charged engines. The cancellation of this AD was necessitated by Australia's international obligations and did not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in compliance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an extension of the Civil Aviation Act 1988, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, apply to specific kinds of aircraft or aeronautical products to ensure compliance with safety standards, and their issuance is rooted in international obligations under the Convention on International Civil Aviation. The ADs are typically issued to maintain the continuing airworthiness of aircraft and are relevant to both the State of Design and the State of Registry. The scope of these regulations extends to all aircraft registered within Australia, and their primary aim is to ensure the safety of air navigation as mandated by the Civil Aviation Act 1988. While ADs are crucial for maintaining airworthiness, the issuance and cancellation of these directives, such as the recent cancellation of AD/PA-23/56 concerning Piper PA-23 aircraft, are typically carried out without the need for public consultation due to their technical nature and alignment with international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, as per section 98 and regulation 39.001 (paragraphs 1-3). These ADs are instruments created under the authority of the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of certain aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions are significant. Firstly, the State of Design, which is responsible for the design of the aircraft, must provide all necessary information to ensure the continuing airworthiness of the aircraft type. This is mandated under Annex 8 of the Convention on International Civil Aviation. Secondly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. These requirements are crucial for maintaining safety standards and ensuring that aircraft remain airworthy throughout their operational life.
In relation to the specific AD/PA-23/56 issued by CASA, there are clear obligations and procedures that must be followed. CASA has the authority to issue ADs, review them, and cancel them if necessary, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. In this case, CASA reviewed AD/PA-23/56 and decided to cancel it, effective from 12 February 2009, without the need for a replacement AD. This action was taken in accordance with Australia’s obligations under the Convention on International Civil Aviation and was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA.
Breaches of the obligations and requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various consequences. While specific penalties for non-compliance with ADs are not detailed in the provided text, breaches of aviation regulations generally can result in substantial penalties. Under Australian law, serious breaches can lead to civil penalties, including fines, and in some cases, criminal charges. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the relevant legislation. Given the critical nature of airworthiness directives, non-compliance can also result in the grounding of aircraft, which can have severe implications for operators and passengers alike.