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-24/34 affecting Piper PA-24 aircraft equipped with the Edo-Aire Mitchell automatic pilot. 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 regulate civil aviation within Australia, focusing on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations under section 98 for the safety of air navigation, and these regulations are instrumental in maintaining the safety standards required by the Act. The Civil Aviation Safety Regulations 1998 further operationalise these provisions by delegating the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated under regulation 39.001. These directives are integral to ensuring the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The ADs are considered legislative instruments, as provided in the Legislative Instruments Act 2003. In this context, CASA has the responsibility to manage these directives, including the cancellation of certain directives, such as the one affecting Piper PA-24 aircraft equipped with the Edo-Aire Mitchell automatic pilot, due to compliance with international obligations and domestic safety considerations.
Scope and Application
The Civil Aviation Act 1988, as amended, empowers the Governor-General to establish regulations that serve the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs apply to specified types of aircraft and aeronautical products, aiming to ensure their continuing airworthiness. The Civil Aviation Safety Authority (CASA) is the body responsible for issuing these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these regulations is both national and international, reflecting Australia's adherence to the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft. The regulatory framework allows for the extension and restriction of application through subordinate instruments, ensuring comprehensive oversight and compliance with international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs serve as a mechanism to maintain the continuing airworthiness of aircraft, a responsibility that rests with the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure an aircraft type's airworthiness, while the State of Registry is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft. In Australia, CASA assumes the role of the State of Registry and is empowered to issue ADs to meet these obligations.
Following a review of AD/PA-24/34, which affected Piper PA-24 aircraft equipped with the Edo-Aire Mitchell automatic pilot, CASA has decided to cancel this directive. The cancellation is due to Australia's obligations under the Convention on International Civil Aviation and will take effect on 23 October 2008. This cancellation does not require a replacement AD, as determined by CASA.
There are no obligations for public consultation on the cancellation of this AD, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance with ADs, the Civil Aviation Safety Regulations 1998 include provisions that could lead to civil or criminal penalties. Failure to comply with an AD may result in enforcement actions, including fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the explanatory statement but are detailed in the broader regulatory framework.