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-25/32 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 ensure the safety and efficiency of civil aviation in Australia. The Act provides the legal framework for regulating civil aviation and allows for the creation of regulations to ensure air navigation safety. The Civil Aviation Safety Regulations 1998 further detail these provisions, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are legislative instruments that aim to maintain the continuing airworthiness of aircraft, as per the Convention on International Civil Aviation. The State of Registry of an aircraft is responsible for ensuring the continuing airworthiness of that aircraft, in line with the requirements developed or adopted by that State. The Act's regulatory measures ensure compliance with international standards and obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that ensure the ongoing safety and airworthiness of the specified aircraft. The geographic reach of the Act extends nationally, applying to all aircraft and aeronautical products within Australian jurisdiction. ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In this instance, CASA issued AD/PA-25/32 for Piper PA-25 aircraft, which has now been cancelled due to Australia’s international obligations, with no replacement AD deemed necessary. The cancellation was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, and no public consultation or Regulatory Impact Statement was required as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type, including the obligation to provide necessary information to the appropriate States of Registry to ensure the aircraft's ongoing airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must develop or adopt requirements to ensure this under Annex 8. CASA, in exercising its regulatory authority, issued AD/PA-25/32 concerning Piper PA-25 aircraft. Following a review, CASA has decided to cancel this directive, with the cancellation becoming effective on 20 November 2008, and no replacement AD is deemed necessary.
Obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific responsibilities on CASA and other entities. CASA, as the regulatory body, is tasked with issuing ADs to maintain the airworthiness of aircraft and aeronautical products. The State of Design must provide necessary information to States of Registry to ensure the continuing airworthiness of aircraft types. The State of Registry is responsible for ensuring the airworthiness of individual aircraft within its jurisdiction and must develop or adopt requirements to meet these obligations.
The cancellation of AD/PA-25/32 was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and was executed by the Manager, Airframes and Structures in the Airworthiness Engineering Group at CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988. Given the nature of this AD, no consultation with the Australian public was conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required for this cancellation.
Under the Civil Aviation Safety Regulations 1998, breaches of airworthiness directives can result in serious consequences. While the specific offences, penalties, or civil/criminal consequences for non-compliance with ADs are not detailed in the provided text, it is implicit that non-compliance could lead to safety risks, which may result in enforcement actions, fines, or other regulatory penalties. The seriousness of these consequences underscores the importance of adhering to airworthiness directives to ensure the safety of air navigation.