AD/PA-23/70 Amdt 2 - Stabilator Tip Tube and Weight Assembly - Inspection and Modification

Overview

The Civil Aviation Act 1988 was enacted to provide a legal framework for civil aviation in Australia, addressing gaps in the regulation of air navigation safety and aircraft airworthiness. The Act empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, and the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative structure ensures that the safety of air navigation is prioritised and maintained. The ADs, which are legislative instruments under the Acts Interpretation Act 1901, are integral to ensuring that aircraft types meet continuing airworthiness standards, as per international obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to issue these directives, which are often in response to ADs issued by the State of Design of an aircraft type, ensuring alignment with international safety standards and practices.

Scope and Application

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue these directives for types of aircraft or aeronautical products. These directives are legislative instruments, as outlined under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to align with international standards under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design be responsible for the continuing airworthiness of aircraft types. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to those issued by the State of Design. This process ensures that Australian aircraft meet international safety standards and comply with local regulations. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued in accordance with the Civil Aviation Act 1988, specifically under subsection 84A(2), by authorised personnel within CASA.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs, as outlined in section 98 of the Act, are regulatory instruments crafted to ensure the safety of air navigation, and they are issued by the Civil Aviation Safety Authority (CASA) in accordance with Annex 8 of the Convention on International Civil Aviation. Specifically, section 39.001(5) of the Regulations identifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and thus, they are legislative instruments as per the Legislative Instruments Act 2003. The obligations imposed by these regulations are centred on ensuring the continuing airworthiness of aircraft. Under the Convention on International Civil Aviation, the State of Design is tasked with the overarching responsibility for the continuing airworthiness of an aircraft type, and it must supply any necessary information to the State of Registry to maintain the airworthiness of that aircraft type. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements. This ensures that all parties adhere to the highest safety standards as mandated by international conventions and domestic regulations. Failure to comply with ADs may lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties. For instance, section 92 of the Act stipulates that any person who contravenes an AD is liable to a penalty. The maximum penalty for such offences can be substantial, reflecting the critical nature of airworthiness compliance. Additionally, CASA has the authority to enforce these penalties, and persistent non-compliance can result in severe repercussions, including the grounding of aircraft and other enforcement actions that can impact the operations of aviation businesses. The ADs themselves, such as AD/PA-23/70 Amendment 2 for the Piper PA-23-250 aircraft, are designed to address specific airworthiness issues. For example, CASA has amended AD/PA-23/70 Amendment 1 to require periodic inspections in line with international standards. This amendment becomes effective on 12 February 2009, superseding the previous directive. Given the international nature of these directives, consultation with the Australian public is not required, and the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is unnecessary for such ADs. The ADs are issued by authorised officials within CASA, ensuring that they are in compliance with the legislative requirements set out in the Act.