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-23/65 affecting Piper PA-23 aircraft fitted with an Edo-Aire Mitchell Automatic Pilot. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 2008. 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 comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Legislative Instruments Act 2008, serve as crucial tools in maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA has exercised its authority to issue and subsequently cancel certain ADs, such as AD/PA-23/65 affecting Piper PA-23 aircraft with an Edo-Aire Mitchell Automatic Pilot, reflecting the dynamic nature of safety regulations and the ongoing commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are made to ensure the safety of air navigation and are aligned with the obligations under Annex 8 of the Convention on International Civil Aviation. The ADs are primarily used to communicate necessary information for the continuing airworthiness of aircraft types, with the State of Design holding primary responsibility for this information. The State of Registry, in this case CASA, is tasked with implementing these directives to maintain the airworthiness of individual aircraft within Australia. The specific AD/PA-23/65, affecting Piper PA-23 aircraft fitted with an Edo-Aire Mitchell Automatic Pilot, was reviewed and subsequently cancelled by CASA, effective from 28 August 2008, due to Australia's commitments under the Convention on International Civil Aviation. The cancellation of this AD did not require public consultation or a Regulatory Impact Statement, and no replacement AD is deemed necessary.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. This broad authority allows for the establishment of detailed rules and guidelines that ensure the safety and efficiency of aviation operations within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 builds on this by authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulation is critical as it formalises the process by which safety standards and requirements are communicated and enforced within the aviation sector.
Under subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This classification underscores the legal weight and authority of ADs, ensuring that they are subject to scrutiny and approval processes that align with broader legislative frameworks. The ADs are essential for maintaining the continuing airworthiness of aircraft, which is a fundamental safety requirement under Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is manufactured, bears the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry.
The State of Registry, in this context, Australia, must develop or adopt specific requirements to ensure that each aircraft under its registry maintains its airworthiness. An example of CASA's regulatory activity is seen in AD/PA-23/65, which pertained to Piper PA-23 aircraft equipped with an Edo-Aire Mitchell Automatic Pilot. CASA has reviewed this directive and decided to cancel it, effective from 28 August 2008, without the need for a replacement AD. This decision aligns with Australia's obligations under the Convention on International Civil Aviation, which may have necessitated the cancellation to ensure compliance with international safety standards.
In terms of legal consequences, breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant penalties. The specific nature of these penalties can vary, but they may include fines and imprisonment, reflecting the serious nature of aviation safety regulations. The maximum penalties are determined by the severity of the breach and the specific regulations contravened, with potential for substantial financial and criminal repercussions for non-compliance.