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, 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.
The CASA issued AD/PA-25/17 Amendment 4, affecting Piper PA-25 model aircraft, in 1987. As a result of a request from industry, CASA has amended the equivalent Australian AD to add diagrams showing the location of the structural elements to be inspected. The amended AD, AD/PA-25/17 Amendment 5, will become effective on 6 July 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulation to ensure the safety of air navigation and aircraft within Australian airspace. The Act empowers the Governor-General to create regulations that support these objectives. In particular, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 authorising the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that mandate specific requirements for maintaining the airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA's role as the national airworthiness authority involves assessing and enforcing these directives, ensuring that aircraft operating within Australia meet both national and international safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which are made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft, and they are issued by CASA in response to obligations under the Convention on International Civil Aviation and directives issued by the State of Design. The ADs are legislative instruments and fall under the purview of the Legislative Instruments Act 2003. As such, they apply to aircraft registered in Australia, with CASA acting on behalf of the State of Registry to enforce these directives. Exemptions or modifications to these directives are subject to CASA’s assessment and issuance, and in this case, AD/PA-25/17 Amendment 5, effective from 6 July 2006, was issued to include additional diagrams for structural inspections in Piper PA-25 model aircraft. This amendment was made in response to industry requests and cancels the previous AD/PA-25/17 Amendment 4. Given the international nature of the ADs and the specific technical nature of the regulations, no public consultation or Regulatory Impact Statement was required under the Office of Regulatory Review.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly in relation to the Civil Aviation Safety Regulations 1998, revolve around the issuance of airworthiness directives (ADs) to ensure the safety of air navigation (section 98). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. Notably, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and subsequently, as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the accompanying regulations on the parties and entities they govern are stringent. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must supply any necessary information to States of Registry to ensure compliance with safety standards (Annex 8 to the Convention on International Civil Aviation). The State of Registry, which in Australia is CASA, must then assess this information and, if deemed necessary, issue an AD to mandate the requirements of the State of Design. For example, CASA issued AD/PA-25/17 Amendment 4 in 1987 for Piper PA-25 model aircraft, and subsequently amended this directive to include diagrams showing the locations of structural elements to be inspected.
In terms of legal consequences, failure to comply with ADs can lead to serious ramifications. While the specific penalties for non-compliance with ADs are not detailed in the provided text, non-compliance with civil aviation regulations can typically result in both civil and criminal penalties. Civil penalties may include fines or other monetary sanctions, while criminal penalties could encompass imprisonment or other forms of penal consequences. The exact nature and severity of these penalties would depend on the specific regulations and the context of the violation.