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-24/32 Amdt 1 specifying replacement of components, or alternatively a periodic inspection of those components, in Piper
PA-24 aircraft. AD/PA-24/32 is intended to match AD 74-13-03 issued for the Piper PA-24 in the USA, the State of Design of the Piper PA-24. CASA has reviewed AD/PA-24/32 Amdt 1 and has decided to amend it to more closely match AD 74-13-03. The amendment, AD/PA-24/32 Amdt 2, will become effective on 23 October 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, 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 framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, which is aimed at ensuring the safety of air navigation. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the mechanisms through which airworthiness is maintained, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. These regulations are critical in addressing the ongoing airworthiness of aircraft, as mandated by international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that CASA issues in response to international airworthiness directives, ensuring compliance with international safety standards and maintaining the integrity of the Australian aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, confers upon the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework applies to all aircraft registered in Australia, their owners, operators, and manufacturers, ensuring adherence to safety standards and continuing airworthiness. The ADs are issued under the authority of the Civil Aviation Act 1988, which mandates the safety of air navigation. These directives are legislative instruments as per the Legislative Instruments Act 2003 and are designed to align with international standards set by the International Civil Aviation Organization (ICAO). The ADs are pivotal in maintaining the airworthiness of aircraft, as the State of Registry, in this case, CASA, is obligated to ensure these aircraft meet the necessary safety requirements. The ADs serve to update or enforce specific maintenance and operational procedures to safeguard against safety hazards. Exemptions and exclusions from these regulations are not specified in the text; however, the ADs are issued in accordance with international obligations and standards, thereby affecting all stakeholders within the aviation industry in Australia.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on the entities governed by this Act are significant. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure the ongoing airworthiness to the States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
There are specific offences and penalties associated with non-compliance with ADs. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for breaching an AD, non-compliance can lead to severe consequences. Failure to adhere to an AD can result in the grounding of the aircraft, fines, and potentially criminal charges. Furthermore, pilots and operators found in breach of an AD may face suspension or revocation of their licenses or certificates, leading to significant operational and financial repercussions.
The legislative process for issuing ADs is streamlined due to Australia's international obligations under the Convention on International Civil Aviation. When an AD is issued by a State of Design, such as the United States for the Piper PA-24, CASA must act promptly to align Australian ADs with international standards. This was exemplified in the amendment of AD/PA-24/32 Amdt 1 to more closely match the US AD 74-13-03, with the updated AD/PA-24/32 Amdt 2 becoming effective on 23 October 2008. Given the nature of ADs and their alignment with international standards, the Office of Best Practice Regulation has concluded that these directives do not require a Regulatory Impact Statement. The AD/PA-24/32 Amdt 2 was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.