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-28/2 affecting Piper PA-28 model aircraft in 1962. 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 was enacted to establish and maintain a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are essential for maintaining the continuing airworthiness of aircraft. In line with international standards set by Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the ongoing airworthiness of individual aircraft. CASA, acting on behalf of Australia, assesses and issues ADs as necessary to comply with these international standards. The AD/PA-28/2 issued by CASA for Piper PA-28 model aircraft in 1962 has been reviewed, leading to its cancellation, effective from 3 July 2008, due to the completion of necessary inspections and modifications on the affected aircraft.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) 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. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is classified as a disallowable instrument and thus a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. These ADs are integral to maintaining the continuing airworthiness of aircraft types as stipulated by Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for providing necessary information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, is mandated to issue corresponding ADs when required, ensuring compliance with international standards and the specific regulatory requirements of the Australian Register.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives serve as a critical means of communicating continuing airworthiness information as outlined in Annex 8 of the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to States of Registry. Conversely, the State of Registry, which in Australia is CASA, is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that all affected aircraft meet the specified safety standards.
CASA has issued AD/PA-28/2, which affects Piper PA-28 model aircraft, and has determined to cancel this directive, effective from 3 July 2008. This cancellation is based on the assessment that all necessary inspections and modifications have already been completed on the affected aircraft. No public consultation was required for this cancellation as it reduces the regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not necessitate a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of compliance and enforcement, the Act imposes significant obligations on entities such as CASA and aircraft operators. CASA must rigorously assess and, if necessary, issue ADs to maintain airworthiness standards, while aircraft operators are required to adhere to these directives to ensure their aircraft meet safety requirements. Failure to comply with ADs can result in serious legal and safety consequences. The Act includes provisions for both civil and criminal penalties for non-compliance, which may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are detailed in relevant sections of the Act and related regulations, ensuring that all parties are aware of the consequences of failing to adhere to airworthiness directives.