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-28/16 Amendment 2 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 to ensure the safety of air navigation, was implemented by the Australian Parliament. One of its key functions is to empower the Governor-General to create regulations that support the Act’s overarching goal of maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were formulated under the authority of this Act, delegate to the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, being legislative instruments, are subject to disallowance as per the Acts Interpretation Act 1901, and must adhere to the legislative instruments framework established by the Legislative Instruments Act 2003. The ADs are critical in ensuring the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining aircraft safety.
In line with Australia's commitment to international aviation safety standards, CASA has the authority to issue, review, and subsequently cancel airworthiness directives as necessary. A specific instance is the cancellation of AD/PA-28/16 Amendment 2, which affected Piper PA-28 aircraft, reflecting CASA's adherence to international obligations and domestic regulatory standards. This cancellation, effective from 28 August 2008, does not necessitate a replacement directive and was made without public consultation, as it aligns with international obligations and does not require a Regulatory Impact Statement as per the Office of Best Practice Regulation. The Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, has exercised this authority in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) that are essential for ensuring the safety of air navigation. Under this legislative structure, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. The ADs are integral to the international framework, as established by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction. The ADs serve as the primary means of communicating continuing airworthiness information, and their issuance is a common practice among ICAO Contracting States. In the context of Australia, CASA, or its predecessors, had issued AD/PA-28/16 Amendment 2 for Piper PA-28 aircraft, which has since been cancelled effective 28 August 2008, without the need for a replacement AD due to Australia's obligations under the Convention on International Civil Aviation. This cancellation process did not necessitate consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The cancellation was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delegates this authority to the Civil Aviation Safety Authority (CASA) for issuing airworthiness directives (ADs) concerning specific aircraft types or aeronautical products. Section 39.001(5) of these regulations stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments. These directives are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to States of Registry.
The obligations under the Civil Aviation Act 1988 and its regulations primarily rest with CASA, which must ensure that ADs are issued to maintain aircraft airworthiness. The State of Registry of an individual aircraft is responsible for ensuring the continuing airworthiness of that aircraft, in line with the requirements developed or adopted under Annex 8. The cancellation of AD/PA-28/16 Amendment 2, issued by CASA, exemplifies the authority and responsibility of CASA to manage ADs. The State of Design, in this case Australia, has obligations to provide necessary information to States of Registry to maintain airworthiness, and CASA's cancellation of AD/PA-28/16 Amendment 2 is in compliance with these international obligations.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs could be seen as a breach of airworthiness standards, potentially leading to civil or criminal penalties. The maximum penalties for such breaches can include substantial fines and imprisonment, reflecting the serious nature of ensuring air safety. However, specific penalties for non-compliance with ADs are not detailed within the text of this legislation. The consequences of non-compliance highlight the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.
The cancellation of AD/PA-28/16 Amendment 2 by CASA due to Australia's obligations under the Convention on International Civil Aviation underscores the international nature of aviation regulation. The cancellation process did not involve public consultation as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process demonstrates the authority and responsibility of CASA in managing ADs, ensuring compliance with international aviation standards.