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-25/18 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 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation provides the basis for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. Under this framework, the Civil Aviation Safety Authority (CASA) issues airworthiness directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The recent cancellation of AD/PA-25/18 affecting Piper PA-25 aircraft reflects Australia’s adherence to international obligations under the Convention on International Civil Aviation, and no public consultation was required as per the legislative guidelines. This action was taken by CASA, specifically by the Manager, Airframes and Structures in the Airworthiness Engineering Group, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) within Australia, as mandated by the Governor-General under section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which are responsible for ensuring the airworthiness of individual aircraft under Annex 8 to the Convention on International Civil Aviation. CASA has the authority to issue, review, and cancel ADs, as exemplified by the cancellation of AD/PA-25/18 for Piper PA-25 aircraft, effective from 20 November 2008, without the need for a Regulatory Impact Statement due to the nature of ADs as determined by the Office of Best Practice Regulation. This cancellation aligns with Australia’s international obligations under the Convention on International Civil Aviation, and no public consultation was required.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the safety of air navigation, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that these directives are formally recognised as regulatory tools within the legislative framework. Regulation 39.001(5) further clarifies that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. This legislative context ensures that ADs are created and managed within a formal, recognised legal structure.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type. This includes providing any necessary information to ensure that aircraft types remain airworthy. Correspondingly, the State of Registry of an individual aircraft is tasked with maintaining the continuing airworthiness of that specific aircraft, a responsibility that involves developing or adopting requirements as stipulated under Annex 8. These provisions ensure that both design and registry states collaborate to uphold the highest safety standards in aviation.
The AD/PA-25/18 issued by CASA affects Piper PA-25 aircraft. However, following a review, CASA has decided to cancel this directive, effective from 20 November 2008. This decision aligns with Australia’s commitments under the Convention on International Civil Aviation, and no replacement AD is deemed necessary. The cancellation of this directive indicates that the conditions that originally necessitated the AD are no longer applicable or have been sufficiently addressed through other means.
The process for cancelling this AD did not involve public consultation as mandated by the Office of Best Practice Regulation, which determined that ADs do not require a Regulatory Impact Statement. This decision underscores the streamlined nature of regulatory adjustments in aviation safety, where critical decisions can be made without extensive public consultation due to the technical and safety-driven nature of such directives. The AD was formally issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Any non-compliance with ADs can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, it is clear that ADs are integral to maintaining the safety of air navigation. Failure to adhere to these directives can potentially result in civil or criminal liabilities, depending on the severity of the non-compliance and its impact on aviation safety. These consequences highlight the critical importance of adhering to ADs and the regulatory framework that governs them.