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-23/64 affecting Piper PA-23 aircraft equipped with the Altimatic V Flight Director. 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, serves to regulate and ensure the safety of civil aviation in Australia. In pursuit of this objective, the Act empowers the Governor-General to make regulations that safeguard air navigation, as seen in the creation of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs, essential for maintaining the continuing airworthiness of aircraft, align with Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the overarching responsibility for an aircraft type's airworthiness. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety standards within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as stipulated in section 98 of the Act. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs align with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, acting on behalf of Australia, has the authority to issue, review, and cancel ADs, such as the recent cancellation of AD/PA-23/64 for Piper PA-23 aircraft equipped with the Altimatic V Flight Director, effective from 12 February 2009. This cancellation was made without public consultation due to Australia's international obligations, and it has been determined that such ADs do not require 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 accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (reg. 39.001(1)). These ADs are a formal means of ensuring that the aircraft meet the necessary safety standards and comply with the regulatory requirements set forth by CASA. The ADs are also recognized as legislative instruments in accordance with the Legislative Instruments Act 2003 (s. 6). The authority to issue these directives is rooted in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act and to ensure the safety of air navigation.
The obligations imposed by these ADs require aircraft operators and owners to adhere to the specific instructions and maintenance schedules outlined in the directives. This includes conducting necessary inspections, repairs, or modifications to the aircraft to maintain its airworthiness. The State of Registry, which is the country where the aircraft is registered, holds the primary responsibility for ensuring that the aircraft continues to meet the required safety standards. This involves implementing the ADs and ensuring compliance by the aircraft operators within its jurisdiction.
Failure to comply with an AD can result in serious consequences, both civil and criminal. Civil penalties may include fines, while criminal penalties can result in imprisonment. The maximum penalties vary depending on the severity of the breach and are determined by the relevant courts. It is important for all parties involved, including aircraft operators and owners, to be fully aware of their obligations under these regulations to avoid any legal repercussions.
The AD/PA-23/64, which was issued by CASA and affected Piper PA-23 aircraft equipped with the Altimatic V Flight Director, has been cancelled effective 12 February 2009. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. As a result, no consultation with the Australian public or the need for a Regulatory Impact Statement was necessary. The cancellation was 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.
The Civil Aviation Safety Regulations 1998 and the associated ADs are essential tools in maintaining the safety of air navigation in Australia. They provide a structured framework for ensuring that all aircraft meet the necessary safety standards, thereby protecting the public and promoting safe air travel. Compliance with these regulations is mandatory for all involved parties, and any failure to comply can lead to significant legal consequences.