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. When a State of Design issues an Airworthiness Limitation for 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 limitation or AD to mandate the requirements of the State of Design.
In 1967 the USA FAA issued Airworthiness Directive 67-14-07 specifying periodic inspection of the exhaust system and related areas on the Piper PA-25-235 aircraft. The USA is the State of Design for this aircraft type. Since 1974 Australia has not had an AD dedicated to USA AD 67-14-07. In 2008 CASA reviewed all ADs applicable to the Piper PA-25 aircraft, including AD/PA-25/12 Amdt 2 specifying periodic inspection of the exhaust system. As a result, CASA decided to cancel AD/PA-25/12 and raise AD/PA-25/43 dedicated to USA AD 67-14-07. This AD will become effective on 20 November 2008.
As this AD is issued because of Australia’s obligations under the Convention on International Civil Aviation, and because it is issued in response to an Airworthiness Directive raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, establishes a comprehensive legal framework for the regulation of civil aviation within Australia. This Act aims to ensure the safety and efficiency of air navigation and aircraft operations in Australia. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, further detail the regulatory requirements, including provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with international standards and obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, issues these directives to mandate safety requirements for aircraft registered in Australia, thereby fulfilling Australia’s commitments under international aviation agreements. The specific AD discussed here, which pertains to the periodic inspection of the exhaust system on Piper PA-25-235 aircraft, is issued in response to an airworthiness directive from the USA, the State of Design for this aircraft type.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a comprehensive regulatory framework governing airworthiness and safety in Australian civil aviation. The Act applies to all aircraft and aeronautical products within Australia, ensuring they meet specific safety standards. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legally binding instruments aimed at maintaining the airworthiness of aircraft. These ADs are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO) and are critical in ensuring that aircraft operating in Australia meet necessary safety requirements. The ADs apply to all aircraft registered in Australia and are issued in response to directives from the State of Design or as a result of Australia's obligations under international conventions. While the ADs are legislative instruments and subject to disallowance, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 (paragraph 39.001(5) of the Civil Aviation Safety Regulations 1998). An AD is a legislative instrument that serves as a formal notification to aircraft owners and operators of a known or anticipated safety deficiency that requires corrective action. According to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and ADs are the primary means of communicating this information to other states. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then ensure that these directives are implemented and complied with for aircraft registered in Australia.
The obligations imposed on the parties governed by the AD include the mandatory compliance with the specified requirements within the stipulated timeframe. For example, if an AD mandates periodic inspections of the aircraft's exhaust system, operators must adhere to these inspection intervals and rectify any identified issues to maintain the aircraft's airworthiness. CASA is obligated to monitor and enforce compliance with these directives to ensure that Australian-registered aircraft meet international safety standards. Aircraft owners and operators must also ensure that any modifications or repairs mandated by an AD are carried out by authorised personnel and documented appropriately.
Failure to comply with an AD can result in severe consequences, including potential enforcement actions by CASA. The Civil Aviation Act 1988 stipulates that non-compliance with ADs can lead to administrative penalties, including fines and potential prosecution. For example, if an operator fails to perform a required inspection or repair, CASA may issue a compliance order, and continued non-compliance could result in the suspension or revocation of the aircraft's airworthiness certificate. In extreme cases, continued non-compliance could lead to criminal charges under section 92 of the Act, which carries a maximum penalty of up to $210,000 for individuals and $1,050,000 for corporations, depending on the severity and impact of the non-compliance. These measures are in place to ensure that all Australian-registered aircraft meet the necessary safety standards, thereby protecting the public and maintaining the integrity of the aviation system.