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.
CASA issued AD/PA-28/18 affecting Piper PA-28 model aircraft in 1968. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as all affected aircraft would have been inspected, and, if necessary, modified long ago.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a comprehensive regulatory framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations, including those pertaining to airworthiness directives, to safeguard the public and maintain the integrity of the aviation industry. The Civil Aviation Safety Regulations 1998 further delineate the procedures and requirements for issuing such directives, ensuring that they comply with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Act and its regulations work in tandem to provide a robust system for managing the continuing airworthiness of aircraft, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority responsible for issuing and enforcing these directives. This regulatory approach is designed to address gaps in safety oversight and to ensure that aircraft on the Australian Register meet the necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which acts on behalf of the Commonwealth in matters of civil aviation safety. This legislation applies to all entities involved in the operation and maintenance of aircraft registered in Australia, ensuring that these entities comply with safety standards set forth by international conventions and national regulations. Specifically, the Act allows CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these aircraft. Such ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003. The Act imposes obligations on the State of Design and the State of Registry to collaborate in maintaining airworthiness standards, with CASA acting as the national airworthiness authority for Australia. While the Act does not specify particular exclusions or exemptions, it does provide that the issuance of ADs is subject to review and cancellation if deemed unnecessary following reassessment, as seen in the case of AD/PA-28/18 concerning Piper PA-28 model aircraft, which was cancelled due to the aircraft already being compliant with required modifications.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a disallowable instrument, as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA as the national airworthiness authority. CASA must assess any information provided by the State of Design regarding the continuing airworthiness of aircraft types and, if necessary, issue corresponding ADs to mandate the required actions. Additionally, the State of Registry for individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of those aircraft, in line with Annex 8 to the Convention on International Civil Aviation. This means that when a State of Design issues an AD, the State of Registry, in this case CASA, has the responsibility to evaluate and, if appropriate, implement the AD requirements.
There are no specific offences, penalties, or consequences outlined in the text for breaching the requirements of the ADs or the regulations themselves. However, the text does note that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This implies that the consequences of non-compliance with an AD would likely be related to the airworthiness and safety of the aircraft, potentially leading to grounding or other enforcement actions by CASA to ensure compliance. The AD has been issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act, which underscores the procedural integrity of the AD issuance process.