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-25/11 Amdt 2 affecting Piper PA-25 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 20 November 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 and Structures 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 Australian Parliament, serves as the primary piece of legislation governing civil aviation safety within Australia. It empowers the Governor-General to create regulations, such as those concerning airworthiness, for the purpose of ensuring the safety of air navigation. One such regulation, issued under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. This regulatory framework is designed to align with international standards set by the International Civil Aviation Organization (ICAO), particularly Annex 8, which mandates the State of Design to maintain the continuing airworthiness of an aircraft type and to share necessary information with States of Registry. In line with these international obligations, CASA has the authority to issue and subsequently cancel ADs, as seen in the case of AD/PA-25/11 Amdt 2, which was cancelled on 20 November 2008, reflecting Australia's commitment to fulfilling its international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically provides the legal basis for CASA to issue such directives, which are legislative instruments under the Legislative Instruments Act 2003. These directives apply to aircraft and aeronautical products within Australia, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry hold respective responsibilities for ensuring the continuing airworthiness of aircraft types and individual aircraft. The ADs are integral to fulfilling these responsibilities, and their issuance is consistent with international practices among ICAO Contracting States. The AD/PA-25/11 Amdt 2 affecting Piper PA-25 aircraft, previously issued by CASA, has been cancelled due to Australia’s international obligations, and this cancellation does not necessitate public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This is done to ensure the continuing airworthiness of these aircraft and products, aligning with the requirements set forth in Annex 8 of the Convention on International Civil Aviation. The ADs serve as a key instrument for maintaining the safety standards in air navigation. Regulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily focus on ensuring that the State of Design and the State of Registry of an aircraft maintain the continuing airworthiness of the aircraft. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type to the appropriate States of Registry. Meanwhile, the State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. This dual responsibility ensures a robust framework for maintaining airworthiness standards globally.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on parties involved in civil aviation. Firstly, CASA must issue ADs to maintain safety standards. Secondly, States of Design must provide necessary information to States of Registry. Thirdly, States of Registry must implement and enforce requirements to ensure the continuing airworthiness of registered aircraft. These obligations ensure a coordinated approach to maintaining airworthiness standards and safety in civil aviation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil or criminal consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs could result in enforcement actions, including fines and legal proceedings against individuals or entities failing to meet their obligations. The severity of the consequences would depend on the nature and extent of the non-compliance, but the overarching goal is to enforce safety standards and maintain the integrity of the civil aviation system.