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-23/67 affecting Piper PA-23-250 aircraft with normally-aspirated 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 was enacted to address the need for comprehensive regulation of civil aviation in Australia, focusing on safety and efficiency within the industry. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, establishing a robust framework for overseeing aviation activities. The Civil Aviation Safety Regulations 1998 further detail these regulations, granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. The objective is to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative approach allows CASA to manage and update airworthiness directives as necessary, maintaining the safety standards expected in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. According to the Act, the Governor-General can make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The State of Design is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to the State of Registry to ensure airworthiness. The State of Registry, in this case CASA, must implement requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. The AD/PA-23/67 for Piper PA-23-250 aircraft with normally-aspirated engines, issued by CASA or its predecessors, has been cancelled, with the cancellation taking effect on 12 February 2009. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA issued the cancellation on behalf of CASA, as per subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) which are crucial for ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that protect air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are further regulated under the Legislative Instruments Act 2003.
Obligations and requirements under these regulations are multifaceted. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the aircraft's ongoing airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure that individual aircraft remain airworthy. CASA, acting within these parameters, issued AD/PA-23/67 for Piper PA-23-250 aircraft with normally-aspirated engines, but subsequently reviewed and cancelled this directive, effective from 12 February 2009. This cancellation is a result of Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 and the ADs can lead to significant consequences. The Act does not specify particular offences or penalties within the context of the AD cancellation. However, in general, breaches of the Civil Aviation Act 1988 can result in both civil and criminal penalties. For example, failing to comply with an airworthiness directive could lead to civil penalties such as fines, or criminal penalties which may include imprisonment, depending on the severity of the breach and the discretion of the court. The specific penalties would be determined based on the nature and extent of the non-compliance, and the broader context of the aviation safety regulations.