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-23/69 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, enacted by the Australian Parliament, serves to regulate civil aviation within Australia. This Act provides the legal framework for the operation of aircraft and the maintenance of airworthiness, ensuring safety in air navigation. One of its provisions, section 98, empowers the Governor-General to make regulations that serve the interests of safety in air navigation. These regulations include the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. The ADs, as legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the States of Design and Registry in this regard. The ADs are a common mechanism used by International Civil Aviation Organization (ICAO) Contracting States, including Australia, to communicate continuing airworthiness information. CASA, on behalf of the Australian Government, issues, reviews, and cancels ADs as necessary, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, through its subsidiary regulation, the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products, thereby ensuring adherence to safety standards within the aviation industry. These regulations extend their reach to any aircraft registered in Australia, and the ADs themselves are legally binding instruments that must be complied with by aircraft operators and other relevant entities to maintain airworthiness. Geographically, the Act applies across the Commonwealth of Australia, thereby affecting all entities and individuals involved in the operation of aircraft within Australia's jurisdiction. However, the scope of ADs may be influenced by international obligations under the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for an aircraft type's continuing airworthiness. Exemptions or exclusions from these regulations are not explicitly mentioned in the provided text, but their application could be subject to specific conditions or thresholds as detailed in subordinate instruments or international agreements.
Key Provisions
The Civil Aviation Act 1988 provides the framework for ensuring the safety of air navigation in Australia, with key provisions including the ability of the Governor-General to make regulations under section 98. The Civil Aviation Safety Regulations 1998 further detail these provisions, specifically in regulation 39.001 which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, as well as section 6 of the Legislative Instruments Act 2003. The ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the type of aircraft and the State of Registry for individual aircraft.
The obligations imposed by these regulations are significant. CASA, as the regulatory body, must ensure that ADs are issued to maintain the safety and airworthiness of aircraft within Australia. This includes ensuring that any ADs align with international standards and conventions, particularly under Annex 8 of the Convention on International Civil Aviation. The State of Registry must also develop or adopt requirements that meet these standards to ensure the continuing airworthiness of aircraft under its registry. This involves rigorous oversight and compliance with both domestic and international regulations.
Breaches of the obligations set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to serious consequences. Non-compliance with ADs can result in severe penalties, including fines and potential imprisonment. The specific penalties can vary depending on the nature and severity of the breach, but they are designed to enforce strict adherence to safety standards. The issuance and enforcement of ADs are critical to maintaining the safety of air navigation, and any failure to comply can have significant legal ramifications.