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-25/30 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 Parliament of Australia, is a comprehensive piece of legislation designed to ensure the safety and efficiency of civil aviation within Australia. One of the key mechanisms through which the Act achieves its safety objectives is via the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), as stipulated in the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve to maintain the continuing airworthiness of aircraft and aeronautical products in line with international standards set by the Convention on International Civil Aviation. Recently, CASA cancelled an airworthiness directive (AD/PA-25/30) affecting Piper PA-25 aircraft, a decision made in compliance with Australia's international obligations and without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This cancellation, effective from 20 November 2008, reflects CASA’s commitment to aligning domestic aviation safety measures with global standards.
Scope and Application
The Civil Aviation Act 1988 applies broadly to all aspects of civil aviation in Australia, granting the Governor-General the authority to create regulations that serve the safety interests of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The scope of these regulations extends nationally, covering all aircraft registered in Australia and ensuring compliance with international standards set by the Convention on International Civil Aviation. The ADs are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry. The cancellation of a specific AD, such as AD/PA-25/30 affecting Piper PA-25 aircraft, demonstrates adherence to international obligations and national regulatory standards, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia. Under section 98 of the Act, the Governor-General can issue regulations in the interest of air navigation safety, while regulation 39.001 of the 1998 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to ensure that ADs are issued to maintain the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation (Annex 8). The State of Design, which is the country where an aircraft type is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft, while the State of Registry, which is the country where an aircraft is registered, is responsible for implementing the ADs. In Australia, CASA, as the regulatory body, must review and issue ADs to meet these international obligations.
Failure to comply with an AD can result in serious safety risks, potentially leading to enforcement actions by CASA. Although the Civil Aviation Safety Regulations 1998 do not specify penalties for non-compliance with ADs, the overarching Civil Aviation Act 1988 includes provisions for enforcement, including fines and imprisonment for serious breaches. The exact penalties would depend on the specific circumstances and severity of the breach. Additionally, aircraft found to be non-compliant may be grounded or restricted from operation until the required compliance is achieved.
Given that the AD/PA-25/30 affecting Piper PA-25 aircraft has been cancelled, it is important to note that no further action is required by the aircraft operators or owners. CASA has determined that the cancellation aligns with Australia’s obligations under international aviation agreements, and no public consultation was necessary as per the Office of Best Practice Regulation's determination that ADs do not require a Regulatory Impact Statement. The cancellation became effective on 20 November 2008, and no replacement AD is required.