AD/PA-23/80 - Fuel Line and Electrical Harness - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988, as amended by 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. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, with regulation 39.001 specifically enabling CASA to issue ADs for certain types of aircraft or aeronautical products. In accordance with the Legislative Instruments Act 2003, these ADs are considered legislative instruments. The cancellation of AD/PA-23/80 for Piper PA-23-250 aircraft, effective from 12 February 2009, was made by CASA under the authority of the Civil Aviation Act 1988, without the necessity for a Regulatory Impact Statement, due to Australia's obligations under the Convention on International Civil Aviation. This cancellation aligns with Annex 8 of the Convention, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry to ensure this airworthiness.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for the regulation of civil aviation safety in Australia, with a particular focus on the issuance of airworthiness directives. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. Such directives are a legislative instrument, as they are a disallowable instrument under the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. These directives serve to ensure the continuing airworthiness of aircraft, a responsibility that ultimately falls on the State of Registry of the aircraft, as per the requirements of Annex 8 to the Convention on International Civil Aviation. In the case of the AD/PA-23/80 affecting Piper PA-23-250 aircraft, CASA has decided to cancel this directive effective 12 February 2009, a decision influenced by Australia’s international obligations under the Convention on International Civil Aviation. This decision was made without public consultation and does not require a Regulatory Impact Statement.

Key Provisions

The Civil Aviation (Safety) Regulations 1998 (the Regulations) under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This is done to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. These directives are essentially regulatory instruments that mandate specific actions to be taken to maintain the airworthiness of an aircraft. Section 39.001(5) of the Regulations confirms that these ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Under the Regulations, CASA has the authority to issue ADs to ensure that aircraft and aeronautical products remain airworthy. These directives are issued based on the continuing airworthiness obligations of the State of Design and the State of Registry. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. Similarly, the State of Registry must implement or adopt requirements to maintain the airworthiness of individual aircraft within its jurisdiction. CASA, acting on behalf of the State of Registry in Australia, issued an AD/PA-23/80 concerning Piper PA-23-250 aircraft. However, this directive has been reviewed and subsequently cancelled by CASA, effective from 12 February 2009, without the need for a replacement directive. The obligations imposed by the Regulations on CASA include ensuring that ADs are issued to maintain airworthiness in line with international standards and obligations under the Convention on International Civil Aviation. Given the nature of ADs, CASA is not required to consult with the public or prepare a Regulatory Impact Statement for these directives, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies in the Airworthiness Engineering Group has the authority to issue such directives under subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with an airworthiness directive when one is in effect can lead to serious legal consequences. Civil penalties can include fines up to the maximum statutory limits, and criminal penalties can include imprisonment, particularly if non-compliance leads to a safety incident. CASA has the power to enforce these regulations and can take legal action against entities or individuals who fail to comply with ADs. The specific penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to these safety measures.