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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Argentinian Direccion Nacional de Aeronavegabilidad (DNA) has issued AD 2006-06-01 Revision 1 affecting Piper, Chincul and Lavia PA-25 model aircraft. Argentina is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PA-25/42, which will become effective on 12 April 2007.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, including ensuring the safety of air navigation. The Act allows the Governor-General to make regulations, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that serve as a mechanism for maintaining the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that aircraft types meet the necessary safety standards as determined by their State of Design and enforced by the State of Registry. In the case of Argentinian AD 2006-06-01 Revision 1 for Piper, Chincul, and Lavia PA-25 model aircraft, CASA has issued an Australian AD/PA-25/42 to mandate these requirements within Australia, reflecting Australia’s obligations under international civil aviation agreements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a regulatory framework governing the safety and airworthiness of aircraft within Australia. Under section 98 of the Civil Aviation Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are subject to the oversight provisions of the Legislative Instruments Act 2003. The issuance of ADs aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide information to ensure the continuing airworthiness of aircraft types, with the State of Registry responsible for the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, if appropriate, issuing corresponding Australian ADs to enforce the required safety standards. This process ensures that Australian aircraft comply with international standards and maintain their airworthiness, as exemplified by CASA's issuance of AD/PA-25/42 in response to an Argentinian AD affecting certain Piper, Chincul, and Lavia PA-25 model aircraft.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that align with the Act’s purpose and promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This classification underscores the formal nature of ADs in ensuring the safety and airworthiness of aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include the responsibility to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. The State of Design, which in this case is Argentina for Piper, Chincul, and Lavia PA-25 model aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the required actions. Furthermore, the State of Registry, which is also Australia in this context, must develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Breach of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, generally, non-compliance with ADs can result in serious repercussions, including fines and potential imprisonment. The severity of these penalties can vary, but they are designed to enforce adherence to safety standards and ensure the continued safety of air navigation. Failure to comply with ADs can compromise the safety of aircraft, leading to significant risks for passengers and crew, as well as potential legal liabilities for the entities involved.