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-24/24 affecting Piper PA-24 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, 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) was established as the primary regulatory body responsible for overseeing the safety of aviation activities. One significant aspect of the Act is its provision for CASA to issue airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which serve as legislative instruments for ensuring the continuing airworthiness of aircraft. These directives are critical for maintaining safety standards in compliance with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The Act facilitates CASA's role in cancelling or amending ADs as required, ensuring that aviation safety standards are upheld effectively and efficiently.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2008, under the Civil Aviation Act 1988, applies to the issuance and cancellation of airworthiness directives (ADs) which are legislative instruments made by the Civil Aviation Safety Authority (CASA). These ADs govern the continuing airworthiness of specific types of aircraft or aeronautical products, and their scope includes all aircraft registered in Australia, irrespective of the manufacturer or operator. ADs are a fundamental tool for ensuring the safety and airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The determination underscores Australia’s commitment to international aviation safety standards by aligning with the obligations of the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry. The authority to issue these directives is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, and any AD can be subject to disallowance under the Acts Interpretation Act 1901. The cancellation of a specific AD, such as AD/PA-24/24 for Piper PA-24 aircraft, reflects Australia's adherence to international obligations and the internal regulatory processes managed by CASA, which does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are legislative instruments, as specified in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. They are crucial tools for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. This Annex assigns the State of Design the primary responsibility for ensuring the airworthiness of an aircraft type, requiring it to furnish necessary information to States of Registry. In turn, the State of Registry is obligated to establish or adopt requirements to ensure the ongoing airworthiness of the aircraft within its jurisdiction.
Under the Civil Aviation Safety Regulations 1998, CASA can issue ADs to address specific safety concerns and to mandate corrective actions or inspections. These directives are binding for the aircraft or aeronautical products they cover. The State of Registry, which in Australia is CASA, has the responsibility of ensuring that aircraft remain airworthy throughout their operational life. This involves monitoring compliance with ADs and ensuring that all necessary safety measures are implemented. Additionally, CASA must adhere to international obligations, such as those under the Convention on International Civil Aviation, which influence the issuance and cancellation of ADs.
The Civil Aviation Safety Regulations 1998 and associated ADs impose several obligations on aircraft operators and owners. Primarily, they must comply with all ADs applicable to their aircraft, which may include performing specified maintenance, repairs, or modifications. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which could lead to grounding and potential legal consequences. Operators and owners must also keep records of compliance with ADs and ensure that all crew members are informed of any changes to the aircraft's airworthiness that result from the directives.
Breaches of the requirements set out in the Civil Aviation Safety Regulations 1998, including non-compliance with ADs, can lead to significant legal consequences. Under section 90 of the Civil Aviation Act 1988, CASA may take enforcement action against operators or owners who fail to comply with an AD. This can include fines, with the maximum penalty varying depending on the severity of the breach. In more serious cases, CASA may suspend or revoke an operator's certificate, which can prevent the operator from conducting any commercial air operations. Additionally, individuals involved in the operation of non-compliant aircraft may face criminal charges, which could result in substantial fines or imprisonment.