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-25/29 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. This Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 are made, allowing for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are a legislative instrument that helps maintain the safety standards of aircraft and aeronautical products, as per the requirements of the Convention on International Civil Aviation. This legislation ensures that the State of Registry of an aircraft takes responsibility for the ongoing airworthiness of individual aircraft, while the State of Design maintains responsibility for the airworthiness of an aircraft type. The ADs are a common form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia. The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides CASA with the authority to issue ADs to ensure the safety of air navigation, and the ability to cancel them in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the legal framework for airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs align with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary accountability for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft. The ADs serve as a primary means of conveying continuing airworthiness information, and are a common practice among ICAO Contracting States. The ADs are issued by CASA, and in the case of AD/PA-25/29 affecting Piper PA-25 aircraft, CASA has reviewed and subsequently cancelled the directive, effective from 20 November 2008, without the need for a replacement. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under these provisions, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Importantly, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, as the regulatory body, must develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. This includes the issuance of ADs, which are crucial for providing necessary information to maintain the airworthiness of aircraft types.
Failure to comply with ADs can lead to serious consequences. While the specific offences, penalties, or consequences for breach are not detailed in the text, it is understood that non-compliance with airworthiness directives can result in safety risks and legal repercussions. The severity of penalties may depend on the nature and impact of the non-compliance, potentially including fines, legal action, or other regulatory sanctions as prescribed by the relevant legislation. CASA’s role in ensuring adherence to these directives is critical to maintaining the safety and reliability of aviation operations within Australia.