AD/PA-24/18 - Automatic Pilot - Pitch Servomotor - Modification - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring safety. This Act empowers the Governor-General to issue regulations necessary for the safety of air navigation. One significant regulatory tool under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), pursuant to the Civil Aviation Safety Regulations 1998. The policy objective underpinning these directives is to maintain and enhance the safety standards of aircraft and aeronautical products by mandating specific safety measures and compliance requirements. In 2008, CASA issued an airworthiness directive affecting Piper PA-24 aircraft equipped with the Mitchell Altimatic Autopilot. However, subsequent to a review, CASA decided to cancel this directive, with the cancellation becoming effective on 23 October 2008. This decision was made in compliance with Australia's obligations under the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of aircraft types on the State of Design and mandates the provision of necessary information to States of Registry. Given the nature of the cancellation and its alignment with international obligations, no public consultation was deemed necessary, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required. The cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the legislative provisions of the Act.

Scope and Application

The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued in Australia, with the primary goal of ensuring the safety of air navigation. The Act and the accompanying regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs serve to uphold Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the individual aircraft’s continuing airworthiness. In this context, CASA, as the regulator, has the authority to cancel an existing AD, such as AD/PA-24/18 concerning Piper PA-24 aircraft equipped with the Mitchell Altimatic Autopilot, reflecting the obligations under international aviation standards and ensuring alignment with global safety protocols. This regulatory action, however, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific aircraft types or aeronautical products. This authority is exercised to ensure the safety of air navigation, aligning with the overarching responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. An AD, as defined under subregulation 39.001(5), is classified as a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003. The obligations imposed by these provisions require CASA to issue ADs based on international standards and practices. CASA must ensure that these directives comply with Australia’s commitments under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. Specifically, the State of Design must provide essential information to ensure the airworthiness of aircraft types, while the State of Registry must develop or adopt necessary requirements to maintain the airworthiness of individual aircraft. In the case of Australia, CASA has issued, reviewed, and subsequently cancelled AD/PA-24/18 for Piper PA-24 aircraft equipped with the Mitchell Altimatic Autopilot, effective from 23 October 2008. This action was taken in accordance with Australia’s obligations under the Convention, and no public consultation or Regulatory Impact Statement was deemed necessary. Breach of the obligations or requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can result in serious safety risks, potentially leading to civil or criminal liability. The exact nature of these consequences would typically be determined by further sections of the Act and Regulations, but the overarching aim is to ensure the highest standards of aviation safety are maintained.