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-23/57 affecting Piper PA-23-250 aircraft. 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 acting Manager, Airframes and Structures 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 regulate civil aviation in Australia, aiming to ensure the safety of air navigation and the continued airworthiness of aircraft. It empowers the Governor-General to make regulations necessary for these purposes, with the Civil Aviation Safety Regulations 1998 providing specific rules and directives. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives, which serve as critical tools for maintaining aircraft safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically outlines CASA's role in issuing these directives, which are essential for ensuring the safety and airworthiness of aircraft types as mandated by Annex 8 of the Convention on International Civil Aviation. This legislative structure allows CASA to act in accordance with Australia's international obligations, ensuring the continued safety of civil aviation within the country.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are made under section 98 of the Civil Aviation Act 1988, and are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The State of Registry is responsible for ensuring the continuing airworthiness of an aircraft, and under Annex 8 of the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure airworthiness. CASA has the authority to issue, review, and cancel such directives, as demonstrated by the cancellation of AD/PA-23/57 for Piper PA-23-250 aircraft, effective from 12 February 2009. Given the international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required for this cancellation. The AD was made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
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, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to maintain the airworthiness of aircraft in compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this airworthiness.
The obligations under this legislation require CASA to issue airworthiness directives for specific aircraft or aeronautical products, ensuring that these directives align with the international standards of airworthiness as set out by ICAO. The State of Registry, in this case CASA, must ensure that each aircraft it registers maintains its airworthiness in accordance with the ADs and other applicable regulations. This includes ensuring that all necessary maintenance and modifications are carried out as specified in the ADs, and that all stakeholders are informed and compliant with these directives. CASA has the responsibility to review and, if necessary, cancel existing ADs when they are no longer required, such as the recent cancellation of AD/PA-23/57 affecting Piper PA-23-250 aircraft.
Given the nature of ADs and their critical role in ensuring air safety, any failure to comply with these directives can have serious consequences. Under the Civil Aviation Act 1988, breaches of airworthiness directives can result in both civil and criminal penalties. Civil penalties can include fines up to a significant amount, as stipulated in the regulations. Criminal penalties may also apply, which could involve imprisonment, particularly if the breach results in serious harm or endangers the safety of air navigation. It is crucial for all parties governed by these ADs to understand their obligations and the potential consequences of non-compliance to ensure the highest standards of aviation safety are maintained.