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-24/22 affecting Piper PA-24-260 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. 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, Airframes 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 legal framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of aviation safety, a responsibility that extends to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft types and are aligned with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988, therefore, addresses the legislative gap in ensuring that Australian civil aviation standards are consistent with international obligations and safety imperatives, overseen by CASA, which acts on behalf of the Australian government to safeguard public interest in aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments that aim to ensure the safety of air navigation, in accordance with the Civil Aviation Act 1988. The application of ADs is guided by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting appropriate requirements as needed. In practice, ADs are a standard method for communicating continuing airworthiness information across ICAO Contracting States. Notably, the AD/PA-24/22 issued by CASA affecting Piper PA-24-260 aircraft has been cancelled due to Australia's international obligations, with no requirement for public consultation or a Regulatory Impact Statement. The cancellation of this AD will become effective on 23 October 2008, and no replacement AD is deemed necessary.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) under section 98 of the Act (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products (regulation 39.001). These ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by this legislation on parties and entities include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, which involves providing necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft (Annex 8). CASA, as the authority issuing the ADs, must follow these international obligations and the domestic regulations, ensuring that any ADs issued are in line with safety standards and international conventions.
Non-compliance with ADs can lead to significant civil and criminal consequences. Although specific penalties are not detailed in the excerpt, the issuance and enforcement of ADs are critical to maintaining aviation safety. Failure to comply with ADs can result in severe penalties under civil aviation laws, potentially including fines, suspension or revocation of airworthiness certificates, and other administrative actions. Furthermore, in serious cases, there may be criminal penalties for individuals or corporations responsible for non-compliance, reflecting the high stakes involved in aviation safety.
CASA’s issuance and subsequent cancellation of AD/PA-24/22 for Piper PA-24-260 aircraft is an example of how ADs are managed in response to international obligations and safety considerations. The cancellation of this AD on 23 October 2008 exemplifies the regulatory process and the importance of adhering to international standards. This specific AD was cancelled due to Australia’s commitments under the Convention on International Civil Aviation, indicating that CASA’s actions are closely tied to international safety protocols. This process underscores the need for continuous review and adjustment of safety measures to ensure compliance with global standards.