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-24/9 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, 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, enacted by the Commonwealth Parliament, was designed to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation in Australia. The Act authorises the Governor-General to make regulations that support the Act's objectives, particularly focusing on the safety of air navigation. This legislative foundation is complemented by the Civil Aviation Safety Regulations 1998, which provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Registry, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a crucial tool for ensuring compliance with these standards, thereby safeguarding air navigation safety.
The cancellation of AD/PA-24/9 affecting Piper PA-24 aircraft by CASA, as mandated by Australia’s obligations under the Convention on International Civil Aviation, exemplifies the application of these regulatory mechanisms. The decision to cancel this particular AD reflects the dynamic nature of aviation safety regulations and the continuous efforts to align with international standards. This action was taken without public consultation, as it pertains to technical aviation safety matters rather than broader policy issues, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The AD's cancellation is a legislative instrument made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, with CASA empowered under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue ADs for specified kinds of aircraft or aeronautical products. This authority is grounded in the overarching responsibility of the State of Design to ensure continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, has the obligation to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. The ADs serve as a crucial mechanism for disseminating continuing airworthiness information, and are issued by most ICAO Contracting States, including Australia. These directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The specific AD/PA-24/9 affecting Piper PA-24 aircraft, issued by CASA, has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, with the cancellation becoming effective on 23 October 2008. No replacement AD is required, and no consultation with the Australian public or preparation of a Regulatory Impact Statement was deemed necessary for this cancellation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must furnish necessary information to the States of Registry to ensure an aircraft type’s airworthiness. Conversely, the State of Registry is tasked with developing or adopting requirements to guarantee the continuing airworthiness of individual aircraft. In practice, this means CASA or its predecessors issued AD/PA-24/9 for Piper PA-24 aircraft, which has now been reviewed and subsequently cancelled by CASA, effective from 23 October 2008. No replacement directive is necessary as a result of this cancellation.
Entities and individuals governed by these regulations must adhere to the airworthiness directives issued by CASA. These directives are binding and must be followed to ensure compliance with safety standards. The State of Registry, including CASA, must ensure that aircraft within their jurisdiction comply with all relevant airworthiness directives and maintain the required standards of airworthiness. Failure to comply with these directives can result in significant safety risks and potential regulatory action.
Under the Civil Aviation Act 1988, breaches of airworthiness directives can lead to severe consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines and other monetary penalties, while criminal penalties may involve imprisonment, depending on the severity of the breach. The specific penalties are not detailed in the provided text, but they are significant enough to enforce compliance with safety regulations. It is essential for all parties involved to adhere strictly to these directives to avoid facing such penalties.