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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA and its predecessors issued AD/PA-24/14 Amdt 1 specifying a periodic inspection of the exhaust system in Piper PA-24 aircraft. AD/PA-24/14 Amdt 1 is similar to AD 68-05-01 issued for the Piper PA-24 in the USA, the State of Design of the Piper PA-24. CASA has reviewed AD/PA-24/14 Amdt 1 and has decided to amend it to AD/PA-24/14 Amdt 2 to more closely match AD 68-05-01. The amendment will become effective on 20 November 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 provide a legislative framework for the safety, efficiency and orderly development of civil aviation in Australia. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this authority, include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that Australia's aviation safety standards align with international obligations under the Convention on International Civil Aviation. The ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility that rests with both the State of Design and the State of Registry. In the case of the Piper PA-24 aircraft, CASA has issued AD/PA-24/14 Amdt 2 to mandate periodic inspections of the exhaust system, closely matching a directive issued by the USA, the State of Design. This amendment, effective from 20 November 2008, cancels and replaces the previous directive, ensuring consistency with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 applies to persons, entities, and industries involved in civil aviation in Australia, including aircraft manufacturers, operators, pilots, and air traffic service providers. The Act's provisions extend to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority. These ADs mandate specific requirements to ensure the continuing airworthiness of aircraft types registered in Australia. ADs are issued in accordance with the Civil Aviation Safety Regulations 1998, which provide CASA with the authority to issue such directives for specified kinds of aircraft or aeronautical products. Notably, ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, thereby necessitating their disallowance if necessary. The ADs must align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for ensuring the continuing airworthiness of aircraft types. CASA, as Australia's State of Registry, must assess and issue corresponding ADs to enforce these international standards within the Australian context. The AD/PA-24/14 Amdt 2, for example, specifies a periodic inspection of the exhaust system in Piper PA-24 aircraft, reflecting Australia's commitment to international civil aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. As per subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they fall within the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds for the aircraft type. The State of Registry, on the other hand, is tasked with ensuring the airworthiness of individual aircraft. When the State of Design issues an AD, CASA, acting as Australia’s national airworthiness authority, is obligated to review this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements.
The specific AD in question, AD/PA-24/14 Amdt 2, pertains to a periodic inspection of the exhaust system in Piper PA-24 aircraft. This directive is a response to the AD 68-05-01 issued by the USA, the State of Design for the Piper PA-24. CASA has amended the previous AD/PA-24/14 Amdt 1 to AD/PA-24/14 Amdt 2 to better align with the US directive, with the amendment becoming effective on 20 November 2008. This new directive cancels and replaces the previous one.
Given that this AD is issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and in response to a directive from the State of Design, there has been no consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD/PA-24/14 Amdt 2 was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.