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, 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 issued AD/PA-24/27, affecting Piper PA-24 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a legislative framework for civil aviation safety, with a particular focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this legislative framework is to ensure the continuing airworthiness of aircraft by aligning with the requirements set out in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of an aircraft type to the State of Design and to the State of Registry for individual aircraft. The Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must issue corresponding ADs when necessary, to enforce the safety standards established by the State of Design.
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 types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs apply to aircraft registered in Australia and are in compliance with the Convention on International Civil Aviation. As legislative instruments, they are subject to disallowance under the Acts Interpretation Act 1901. CASA, as Australia’s national airworthiness authority, is tasked with assessing the airworthiness directives issued by the State of Design and, when necessary, issuing corresponding Australian ADs. This ensures that aircraft registered in Australia meet the continuing airworthiness standards set forth by the State of Registry. The process of issuing and cancelling ADs, such as the recent cancellation of AD/PA-24/27 for Piper PA-24 model aircraft, is conducted by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to issue regulations for the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the ongoing airworthiness of aircraft types.
Compliance with these ADs is essential for the entities they govern. CASA, as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing corresponding Australian ADs to enforce the required safety measures. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must adopt or develop requirements to comply with these ADs. For example, CASA issued AD/PA-24/27 in 1971, affecting Piper PA-24 model aircraft. After reviewing this directive, CASA decided to cancel it, effective from 17 January 2008, as the original unsafe condition was addressed by AD/GENERAL/74 Amendment 1. This decision was made without public consultation, as the cancellation reduces regulatory burden, and the Office of Best Practice Regulation deemed it unnecessary to prepare a Regulatory Impact Statement for this AD.
Breaches of the ADs can lead to serious consequences. Failure to comply with the mandated safety measures can result in the aircraft being deemed unairworthy, potentially leading to enforcement actions by CASA. In severe cases, non-compliance could lead to criminal charges or civil penalties under the Civil Aviation Act 1988. For instance, section 14 of the Act provides for offences and penalties related to non-compliance with safety regulations, which can include substantial fines or imprisonment. Additionally, section 16 allows for the imposition of administrative penalties for breaches of the Civil Aviation Safety Regulations 1998. These measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.