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-25/28 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 provide a comprehensive legal framework governing civil aviation in Australia, ensuring safety and efficiency within the sector. It empowers the Governor-General to make regulations under section 98, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that the State of Registry maintains oversight of individual aircraft airworthiness, while the State of Design provides necessary information for the type's continuing airworthiness. The enactment of this Act addresses the need for a coordinated and internationally compliant approach to aviation safety regulation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they are considered legislative instruments under the Acts Interpretation Act 1901. The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, in line with Australia’s obligations under the Convention on International Civil Aviation. The State of Registry holds responsibility for the continuing airworthiness of individual aircraft, while the State of Design is responsible for the overall airworthiness of an aircraft type, providing necessary information to States of Registry. In this specific case, CASA has cancelled AD/PA-25/28 for Piper PA-25 aircraft, effective from 20 November 2008, without issuing a replacement, due to Australia's international obligations under the Convention on International Civil Aviation. This cancellation was made without public consultation and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, which is a responsibility outlined in Annex 8 to the Convention on International Civil Aviation. This convention places the overall responsibility of continuing airworthiness on the State of Design and requires them to provide necessary information to the States of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the issuance of airworthiness directives to maintain safety standards in aviation. The State of Design must provide necessary information to ensure that aircraft types remain airworthy, while the State of Registry is responsible for implementing measures to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as the regulatory body, must review and update ADs as necessary to comply with international obligations and domestic safety standards. The AD/PA-25/28 issued by CASA for Piper PA-25 aircraft has been reviewed and subsequently cancelled, reflecting the continuous efforts to ensure compliance with international obligations under the Convention on International Civil Aviation.
There are no public consultations or regulatory impact statements required for the issuance or cancellation of ADs, as determined by the Office of Best Practice Regulation. The cancellation of the AD/PA-25/28 is a direct result of Australia’s adherence to international aviation safety standards. The AD was cancelled by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores the importance of international cooperation in maintaining aviation safety and the regulatory authority's role in ensuring compliance with international obligations.
Breaching the requirements of the Civil Aviation Safety Regulations 1998 or failing to comply with issued ADs can result in significant legal consequences. Offences under the Civil Aviation Act 1988 can lead to civil or criminal penalties, depending on the severity of the breach. For instance, non-compliance with airworthiness directives can result in fines, imprisonment, or both. The exact penalties are not specified in the text but can be severe, reflecting the critical nature of ensuring the safety of air navigation. The legislative framework is designed to enforce compliance rigorously to protect public safety in the aviation sector.