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-28/23 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 by the Australian Parliament, establishes the framework for the regulation of civil aviation in Australia. This legislation aims to ensure the safety of air navigation, a critical concern given the complex and high-risk nature of aviation activities. Under this Act, the Governor-General has the authority to make regulations that contribute to the overarching goal of maintaining safety in air navigation. The Civil Aviation Safety Regulations 1998 further operationalise this mandate by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at ensuring the continuing airworthiness of aircraft and aeronautical products. The recent cancellation of AD/PA-28/23 Amendment 2 affecting Piper PA-28 aircraft by CASA exemplifies the authority's role in responding to international obligations under the Convention on International Civil Aviation, particularly those related to the responsibilities of the State of Design and the State of Registry in ensuring aircraft airworthiness. This cancellation, effective from 28 August 2008, was made without public consultation and did not require a Regulatory Impact Statement, reflecting the streamlined approach to administrative actions under the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that fall within the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft within its jurisdiction. In this context, CASA, acting under section 98 of the Civil Aviation Act 1988, has the authority to issue such directives to address safety concerns or compliance requirements for specific aircraft or aeronautical products. The cancellation of an AD, such as the one affecting Piper PA-28 aircraft, is informed by Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. An AD is issued when there is a need to ensure that an aircraft or aeronautical product maintains a safe standard, and this is in line with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design.
Obligations under the Civil Aviation Safety Regulations include that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft. These regulations mandate that CASA, as the authority responsible for civil aviation safety in Australia, issue ADs to maintain these safety standards. CASA has the authority to review and cancel ADs as necessary, such as the recent cancellation of AD/PA-28/23 Amendment 2 for Piper PA-28 aircraft, which will take effect on 28 August 2008.
Failure to comply with the provisions of an AD can lead to serious consequences. Civil penalties may be imposed under section 33D of the Civil Aviation Act 1988, which can include fines of up to $22,200 for individuals and $111,000 for corporations for each occurrence of a contravention. Additionally, criminal penalties can apply, with potential fines of up to $555,000 for individuals and $2.78 million for corporations, as well as imprisonment for up to five years. These penalties reflect the importance of adhering to ADs in maintaining the safety and airworthiness of aircraft.
Furthermore, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with ADs. Such actions are taken to prevent any unsafe conditions that could compromise the safety of air navigation. The rigorous oversight and enforcement mechanisms in place underscore the critical role of ADs in ensuring that all aircraft meet the necessary safety standards.