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-25/31 affecting Piper PA-25 aircraft fitted with the Lycoming O-320 engine and Marvel Schebler carburettor. 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, ensuring the safety and efficiency of air navigation. The Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These regulations were established to address the need for a comprehensive and systematic approach to aviation safety, ensuring compliance with international standards set by the Convention on International Civil Aviation. The policy objective of these regulations is to uphold the highest safety standards in civil aviation, aligning Australia's practices with global benchmarks to protect public safety and facilitate international cooperation. The Civil Aviation Act 1988 was enacted by the Australian Parliament, reflecting the national commitment to robust aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under this Act and its associated regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs that apply to specific kinds of aircraft or aeronautical products, ensuring that these meet continuing airworthiness standards. This regulation applies to entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers, as well as to individual aircraft registered within Australia. Geographically, the application of these regulations is primarily within Australia’s national jurisdiction, though they also align with international standards set by the International Civil Aviation Organization (ICAO). The Act does not explicitly state exclusions or thresholds, but it does note that ADs are disallowable instruments, meaning they can be reviewed and potentially annulled by parliamentary processes. The application of these regulations can be extended or modified through subordinate instruments, which are subject to the oversight and approval processes stipulated in the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives serve to ensure the safety and continuing airworthiness of aircraft and aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance as outlined in section 46A of the Acts Interpretation Act 1901.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred around the responsibility of ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for continuing airworthiness as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing all necessary information to the States of Registry to maintain airworthiness. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
In the specific case of the Piper PA-25 aircraft fitted with the Lycoming O-320 engine and Marvel Schebler carburettor, CASA issued AD/PA-25/31. However, CASA has since reviewed this directive and decided to cancel it, effective from 20 November 2008. Given that this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.
In terms of legal consequences, while specific offences and penalties related to the non-compliance with ADs are not detailed in the provided text, it is understood that failing to comply with ADs could lead to significant civil or criminal penalties under the Civil Aviation Act 1988. These could include fines, imprisonment, or other regulatory actions taken by CASA to enforce compliance and ensure safety in air navigation.