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-25/24 affecting Piper PA-25 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, 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, enacted by the Parliament of Australia, is designed to regulate and ensure the safety of air navigation. The Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue such directives, which are crucial for compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the continuing airworthiness responsibilities of the State of Design and the State of Registry. The cancellation of an AD, such as AD/PA-25/24 for Piper PA-25 aircraft with modified fuel tanks, reflects Australia’s adherence to these international obligations and ensures the safety and regulatory standards are uniformly upheld. This legislative instrument was created by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in line with the statutory requirements of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and their issuance aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry of an aircraft, in this case CASA, is responsible for ensuring the continuing airworthiness of the aircraft, and ADs form the primary means through which these obligations are discharged. Notably, the AD/PA-25/24 for Piper PA-25 aircraft equipped with a modified fuel tank by Ansett General Aviation, issued by CASA, has been cancelled effective 20 November 2008, without the need for public consultation or a Regulatory Impact Statement, as mandated by Australia's international obligations and domestic legislation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs, which are legislative instruments, for specific types of aircraft or aeronautical products. An AD is essentially a directive that mandates certain actions or conditions to ensure the continuing airworthiness of aircraft. These directives can be issued to address safety concerns, rectify defects, or implement necessary maintenance requirements. Importantly, ADs are governed by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft.
The obligations under the Civil Aviation Safety Regulations 1998 place a significant responsibility on CASA to monitor and enforce the airworthiness of aircraft within Australia. CASA must issue ADs where necessary to address safety issues or to comply with international standards. Additionally, the State of Registry, which in the context of Australian legislation is effectively CASA, must develop or adopt requirements to ensure that aircraft remain airworthy. This involves rigorous oversight and enforcement of compliance with ADs among aircraft operators and other relevant parties. The process of issuing and enforcing ADs is intended to maintain high safety standards in the aviation industry, ensuring that all aircraft meet the necessary criteria for safe operation.
Failure to comply with ADs can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties may include fines and other sanctions imposed by CASA, while criminal penalties can result in imprisonment or substantial fines, depending on the severity of the breach. The specific penalties are determined based on the nature of the violation and the potential risk posed to public safety. It is crucial for aircraft operators and other affected parties to adhere to the requirements set out in ADs to avoid these severe consequences. Furthermore, CASA retains the authority to take enforcement actions, including grounding non-compliant aircraft, to ensure compliance with airworthiness standards.