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-25/14 affecting Piper PA-25-235 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, 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 in Australia and ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the specific requirements and procedures. Under this Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments that align with international standards set by the Convention on International Civil Aviation. The State of Registry of an aircraft is responsible for ensuring its continuing airworthiness, while the State of Design provides necessary information to support this. In the case of AD/PA-25/14 affecting Piper PA-25-235 aircraft, CASA reviewed and subsequently cancelled the directive, effective 20 November 2008, due to Australia's obligations under the Convention on International Civil Aviation. No public consultation or Regulatory Impact Statement was required for this cancellation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are regulatory instruments that mandate certain actions to ensure the continuing airworthiness of the affected aircraft. An AD becomes a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument under the Legislative Instruments Act 2003. The ADs align with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry of an individual aircraft must implement measures to maintain that airworthiness. The issuance and subsequent cancellation of ADs, such as AD/PA-25/14 for Piper PA-25-235 aircraft, are conducted by CASA to fulfil Australia's obligations under international aviation standards. The cancellation of an AD, as in the case of AD/PA-25/14, may occur without public consultation or a Regulatory Impact Statement, reflecting its alignment with international conventions and the determination by the Office of Best Practice Regulation. The AD cancellation process is overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, as per subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations designed to ensure 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 specific types of aircraft or aeronautical products. An AD is a legislative instrument as defined in section 46A of the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003.
The obligations under these provisions are clear: the State of Design is responsible for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to States of Registry. Conversely, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, which involves developing or adopting appropriate requirements. CASA, acting on behalf of Australia, exercises these responsibilities by issuing ADs that mandate specific actions to maintain or restore airworthiness. In this instance, CASA issued AD/PA-25/14 concerning Piper PA-25-235 aircraft, which has since been cancelled.
There are no specific obligations for the Australian public to consult on ADs, particularly in instances where the cancellation of an AD is due to international obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation process, as evidenced by the cancellation of AD/PA-25/14, is executed 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.
While the Act does not explicitly outline offences or penalties for non-compliance with ADs, the overarching legal framework implies severe consequences for breaches. Non-compliance with ADs can lead to significant safety risks, potentially resulting in civil or criminal penalties. The severity of these penalties can vary, but in the context of aviation safety, they can include substantial fines and imprisonment, reflecting the high stakes involved in ensuring the safety of air navigation.