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-25/35 Amdt 2 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, 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, enacted by the Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft, in accordance with international standards and regulations. This Act provides the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which 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 aligned with the obligations of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The cancellation of AD/PA-25/35 Amdt 2, affecting Piper PA-25 aircraft, by CASA is due to Australia's obligations under the Convention on International Civil Aviation and was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA. This cancellation does not require a Regulatory Impact Statement and has not involved consultation with the Australian public.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, 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 serve as legislative instruments and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft bears the primary responsibility for ensuring its airworthiness, in line with international obligations. In this context, CASA has the authority to issue, review, and cancel ADs as necessary, including AD/PA-25/35 Amdt 2, which was issued for Piper PA-25 aircraft but has since been cancelled, effective 20 November 2008. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for the issuance and management of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for 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.
Under these provisions, CASA, acting on behalf of the State of Registry, is responsible for the continuing airworthiness of aircraft registered in Australia. The State of Design, usually the manufacturer's country, has the overarching responsibility for the airworthiness of the aircraft type. The ADs are essential tools to ensure compliance with international standards and practices as outlined in Annex 8 of the Convention on International Civil Aviation. Consequently, the State of Registry must adopt or develop requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
In this particular case, CASA issued AD/PA-25/35 Amdt 2 for Piper PA-25 aircraft, which has since been cancelled. The cancellation, effective from 20 November 2008, was due to Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. The AD was cancelled by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can result in various consequences. The Act and the Regulations impose strict obligations on parties such as aircraft manufacturers, operators, and regulatory authorities to ensure the airworthiness of aircraft. Failure to comply with these regulations can result in civil or criminal penalties. For example, under section 67 of the Civil Aviation Act 1988, individuals or corporations may be subject to fines, imprisonment, or both for offences such as operating an aircraft in a manner that is unsafe or contravening regulations. The maximum penalties can vary depending on the severity and nature of the offence, but they are designed to enforce compliance and uphold the highest safety standards in civil aviation.