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-25/23 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, providing a framework for the safety and efficiency of air navigation. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, as demonstrated by the Civil Aviation Safety Regulations 1998. Specifically, under regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The responsibilities of both the State of Design and the State of Registry are integral to this regulatory framework, ensuring that aircraft remain airworthy through ongoing oversight and compliance with safety standards. CASA’s authority to issue and subsequently cancel ADs, as seen in the case of AD/PA-25/23, highlights its role in upholding these standards and adapting to international obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their cancellation, such as the AD/PA-25/23 affecting Piper PA-25-235 aircraft with a modified fuel tank, is in compliance with Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of individual aircraft, while the State of Design has the overarching responsibility for the type of aircraft. Given the international nature of aviation, ADs are a critical mechanism for ensuring safety and airworthiness across all ICAO Contracting States. The cancellation of the AD/PA-25/23 was executed without public consultation, as determined by the Office of Best Practice Regulation, which also found that ADs do not require a Regulatory Impact Statement. This regulatory measure was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with the Legislative Instruments Act 2003. The authority to issue these directives is rooted in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation.
The issuance of ADs is governed by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring the continuing airworthiness of an aircraft type on the State of Design. This state must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In Australia, CASA, acting under these international obligations, issued AD/PA-25/23 affecting Piper PA-25-235 aircraft equipped with a modified fuel tank provided by Ansett General Aviation. After review, CASA decided to cancel this specific AD, with the cancellation taking effect on 20 November 2008. No replacement AD is required as a result of this cancellation.
The obligations imposed by these regulations are primarily on CASA and the States of Registry. CASA must issue ADs to ensure the continuing airworthiness of aircraft types and aeronautical products as required by the Civil Aviation Safety Regulations. The State of Registry must implement the requirements outlined in the ADs to maintain the airworthiness of aircraft registered within its territory. The State of Design has the obligation to provide necessary information to the States of Registry to ensure the continuing airworthiness of aircraft types. These obligations are designed to uphold international safety standards and ensure the safe operation of aircraft within Australia.
For breaches of the Civil Aviation Safety Regulations, including non-compliance with ADs, there may be civil or criminal penalties. The exact penalties are not specified in the provided text, but generally, the Act provides for a range of enforcement actions, including fines and potential imprisonment for more serious breaches. The severity of penalties can depend on the nature and extent of the breach, with higher penalties typically associated with more serious violations that pose significant safety risks.