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-28/13 Amendment 3 affecting Piper PA-28 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 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 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 Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australian jurisdiction. One of the mechanisms for achieving this is through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, managed by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments, as per the Legislative Instruments Act 2003, and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to align with international standards and ensure that all aircraft operating in Australia meet necessary safety criteria. Recently, CASA cancelled AD/PA-28/13 Amendment 3, which affected Piper PA-28 aircraft, due to compliance with international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as the primary mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design bears the responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry must ensure the airworthiness of individual aircraft. CASA has the authority to issue and subsequently cancel ADs, as demonstrated by the cancellation of AD/PA-28/13 Amendment 3 for Piper PA-28 aircraft, effective from 28 August 2008, due to Australia's international obligations. The process of issuing and cancelling such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 98 and regulation 39.001). These ADs are considered legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs serve as a critical means of ensuring the ongoing airworthiness of aircraft, a responsibility primarily held by the State of Design under Annex 8 of the Convention on International Civil Aviation, and enforced by the State of Registry. These directives are integral to international civil aviation standards and are commonly used by ICAO Contracting States to maintain safety.
Under the Civil Aviation Safety Regulations 1998, CASA must ensure the continuing airworthiness of aircraft within Australia, aligning with the responsibilities of the State of Registry as stipulated in Annex 8. This involves developing or adopting necessary requirements and issuing ADs to address specific safety issues or maintenance requirements. In this context, CASA issued AD/PA-28/13 Amendment 3 for Piper PA-28 aircraft, which has since been reviewed and subsequently cancelled. The cancellation of this AD is effective as of 28 August 2008, and no replacement AD is deemed necessary.
The obligations imposed by these regulations are extensive, requiring CASA to monitor, assess, and act on the airworthiness of aircraft and aeronautical products. CASA must ensure compliance with international standards set by the Convention on International Civil Aviation and Annex 8, which places the responsibility of continuing airworthiness on both the State of Design and the State of Registry. Furthermore, CASA's role involves making informed decisions based on safety assessments and technological advancements, as evidenced by the cancellation of AD/PA-28/13 Amendment 3. This action underscores CASA’s commitment to ensuring that Australian civil aviation remains safe and compliant with international standards.
In terms of compliance and enforcement, failure to adhere to ADs or other regulations set forth by CASA can lead to severe consequences. While specific offences and penalties for non-compliance are not detailed in the provided text, the overarching framework of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 implies that breaches could result in both civil and criminal penalties. The severity of these penalties would depend on the nature and impact of the non-compliance, reflecting the critical importance of airworthiness regulations in ensuring public safety.