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-23/58 Amdt 1 affecting Piper PA-23 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 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. It empowers the Governor-General to make regulations in the interests of safety, with the Civil Aviation Safety Regulations 1998 being a significant set of regulations under this Act. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Registry bearing responsibility for ensuring compliance with these directives.
In line with international obligations, CASA has cancelled AD/PA-23/58 Amdt 1 affecting Piper PA-23 aircraft, effective from 12 February 2009, without issuing a replacement. This action was taken due to Australia's commitments under the Convention on International Civil Aviation, and it did not necessitate public consultation or a Regulatory Impact Statement. The cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the scope and application of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific kinds of aircraft or aeronautical products to ensure air navigation safety. Such directives, which are legislative instruments under the Acts Interpretation Act 1901, are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry play crucial roles in this framework, with the latter responsible for implementing the ADs to ensure compliance with airworthiness standards. The cancellation of an AD, such as AD/PA-23/58 Amdt 1 affecting Piper PA-23 aircraft, is a significant action taken by CASA in alignment with international obligations and is executed without public consultation or the requirement for a Regulatory Impact Statement. This cancellation is a reflection of the dynamic nature of aviation safety regulations and the commitment to upholding international standards.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on the parties involved include the State of Design's responsibility under Annex 8 of the Convention on International Civil Aviation for the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to ensure airworthiness to appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. CASA, as the regulatory authority, issues ADs as part of its mandate to ensure compliance with these obligations.
Failure to comply with ADs or the regulations that govern them can result in civil or criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state the specific offences, penalties, or consequences for breaching an AD. However, the overarching principle is that non-compliance with safety regulations can lead to enforcement actions, which may include fines, imprisonment, or other penalties as prescribed by the relevant legislation. The exact penalties would depend on the nature and severity of the breach.
In this particular case, CASA has cancelled AD/PA-23/58 Amdt 1 affecting Piper PA-23 aircraft, effective from 12 February 2009, due to Australia’s obligations under the Convention on International Civil Aviation. No replacement AD is required, and the cancellation was made in accordance with subsection 84A(2) of the Act by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA. As the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, no public consultation was necessary for this cancellation.