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-25/22 affecting Piper PA-25-235 aircraft equipped with a modified fuel tank provided by Ansett General Aviation. 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 with the primary aim of ensuring the safety of air navigation. This Act provides the legal foundation for the creation of regulations to maintain and enhance the safety standards within the aviation industry. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools for ensuring the continuing airworthiness of aircraft and are in line with Australia’s obligations under the Convention on International Civil Aviation. In this context, the Civil Aviation Safety Regulations 1998, through regulation 39.001, and the Acts Interpretation Act 1901, designate ADs as legislative instruments. The cancellation of an AD, as observed in the case of AD/PA-25/22 affecting Piper PA-25-235 aircraft, reflects CASA's commitment to aligning with international standards and obligations, thereby maintaining the integrity and safety of the Australian aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, pertain to the issuance of airworthiness directives, which are legislative instruments designed to maintain the safety and airworthiness of aircraft. These directives apply to specific kinds of aircraft or aeronautical products, and are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. The regulation of airworthiness directives is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry are responsible for ensuring the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 extend the reach of the Civil Aviation Act 1988, providing a framework for CASA to issue, amend, or cancel airworthiness directives as necessary. This process may involve subordinate instruments to further specify the details of airworthiness directives, but the primary legislation remains the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While these directives apply broadly to all aircraft registered in Australia, the specific application and enforcement may be subject to the particular terms and conditions set forth in each airworthiness directive.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline provisions for the issuance of airworthiness directives (ADs) which are critical to ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901. Subregulation 39.001(5) further specifies that an AD is considered a disallowable instrument.
The obligations imposed by these regulations include ensuring that the State of Design maintains the continuing airworthiness of an aircraft type and provides necessary information to States of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to maintain the airworthiness of individual aircraft. This is aligned with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for continuing airworthiness. CASA, as the regulatory authority, has issued AD/PA-25/22 affecting Piper PA-25-235 aircraft with modified fuel tanks provided by Ansett General Aviation. Following a review, CASA has decided to cancel this directive, effective from 20 November 2008, without a replacement AD being necessary.
The cancellation of the AD was due to Australia’s obligations under the Convention on International Civil Aviation, and thus no public consultation was required. The Office of Best Practice Regulation has assessed that ADs do not necessitate a Regulatory Impact Statement. The AD in question was 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.
Failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 can result in significant consequences. The Act provides for various offences and penalties for breaches, which can include both civil and criminal liabilities. The specific penalties are not detailed in the text but generally include fines and imprisonment, depending on the severity and nature of the breach. The enforcement of these penalties aims to uphold the highest standards of air navigation safety as mandated by the legislation.