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-23/78 Amdt 1 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 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 ensure the safety of air navigation in Australia, and it provides the legal framework for the regulation of civil aviation activities. Under section 98, the Governor-General has the authority to make regulations in the interests of safety, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower CASA to issue airworthiness directives for types of aircraft or aeronautical products. This authority is crucial for maintaining the continuing airworthiness of aircraft as per international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry play defined roles. The Civil Aviation Safety Authority's issuance and subsequent cancellation of AD/PA-23/78 Amdt 1 for Piper PA-23-250 aircraft, effective 12 February 2009, reflects adherence to these international obligations and domestic safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under section 39.001. These directives apply to specific types of aircraft and aeronautical products to ensure ongoing compliance with safety standards. The authority to issue such directives is derived from section 98 of the Civil Aviation Act 1988, which mandates the Governor-General's power to make regulations for air navigation safety. Airworthiness directives are legislative instruments that are subject to disallowance and must adhere to the requirements of the Legislative Instruments Act 2003. The application of these directives is influenced by international obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for the continuing airworthiness of aircraft. The cancellation of a particular airworthiness directive for Piper PA-23-250 aircraft, effective 12 February 2009, was made without public consultation due to Australia’s obligations under the Convention and has been deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. This cancellation was executed by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, as stipulated in subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, they are legislative instruments. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, with a requirement to provide necessary information to States of Registry. This information typically takes the form of ADs, which are issued by most ICAO Contracting States.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities governed by the Act include the responsibility of the State of Registry for the continuing airworthiness of individual aircraft. Under Annex 8, this involves developing or adopting specific requirements to ensure that aircraft remain airworthy. CASA, as the regulatory body, has the authority to issue ADs that govern the maintenance and operation of aircraft to ensure safety. Furthermore, Annex 8 mandates that the State of Design must provide essential information to ensure the continuing airworthiness of an aircraft type, which is communicated through ADs. The State of Registry must then implement these ADs within its jurisdiction.
In the event of a breach of the regulations outlined in the Civil Aviation Safety Regulations 1998, several civil and criminal consequences may apply. Violation of airworthiness directives can result in severe penalties, including fines and imprisonment, depending on the severity and intent of the breach. The specific penalties are determined by relevant aviation laws and can vary significantly. For example, knowingly operating an aircraft in a non-airworthy condition can lead to substantial fines and imprisonment, as these actions directly endanger the safety of air navigation. Moreover, failure to comply with ADs can result in the suspension or revocation of an aircraft's airworthiness certificate, which can have significant operational and financial implications for the aircraft operator.