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-23/84 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 and to establish a regulatory framework for civil aviation within Australia. The Act empowers the Governor-General to make regulations that promote air safety, and it provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that are subject to disallowance and are crucial for maintaining the continuing airworthiness of aircraft types, aligning with Australia’s international obligations under the Convention on International Civil Aviation. The Act facilitates the cooperation between the State of Design, responsible for the initial airworthiness, and the State of Registry, responsible for the ongoing airworthiness of individual aircraft. In this context, CASA has exercised its regulatory powers to cancel a specific airworthiness directive pertaining to Piper PA-23-250 aircraft, reflecting the dynamic nature of aviation safety standards and the importance of adhering to international conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) being the key regulatory body. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These directives are integral to the continuing airworthiness of aircraft, with the State of Design having primary responsibility for providing necessary information to the State of Registry, which in turn ensures the aircraft’s ongoing compliance with safety standards. Airworthiness directives are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations applies to all aircraft registered in Australia, as well as to any aeronautical products used in these aircraft, ensuring that the safety standards are uniformly enforced across the aviation industry. The jurisdictional reach of these regulations is national, impacting all aviation entities operating within Australia. No specific exclusions, exemptions, or thresholds are detailed within the text provided, but the application of ADs can be further defined through subordinate instruments, which extend or restrict their application as necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that promote the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument as per the Legislative Instruments Act 2003.
The obligations under this legislation primarily fall on CASA, the State of Registry, and the State of Design. CASA is tasked with issuing ADs to ensure the continuing airworthiness of aircraft, which is in line with international standards set by the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to States of Registry. Conversely, the State of Registry is responsible for the ongoing airworthiness of individual aircraft, which involves developing or adopting appropriate requirements. This division of responsibilities is outlined in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the ADs or other obligations under this legislation can lead to various consequences. While the specific penalties are not detailed in the provided text, non-compliance generally results in regulatory actions, including enforcement measures by CASA. In extreme cases, such as the cancellation of AD/PA-23/84 for Piper PA-23-250 aircraft, it may lead to adjustments based on international obligations, as seen in the Convention on International Civil Aviation. The AD cancellation in this instance did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, made this decision in accordance with subsection 84A(2) of the Civil Aviation Act 1988.