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-28/31 affecting Piper PA-28 model aircraft in 1971. 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, is designed to ensure the safety of air navigation. As part of its functions, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This mechanism is crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. ADs serve as a primary tool for states to communicate necessary safety measures and are issued by various contracting states, including Australia. In this context, CASA issued AD/PA-28/31 for Piper PA-28 model aircraft in 1971, but after review, CASA decided to cancel this directive, effective from 3 July 2008. This cancellation reflects the reduction of regulatory burden without necessitating public consultation or a Regulatory Impact Statement, as it does not impose new requirements but rather removes outdated ones. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, under the authority granted by the Act.
Scope and Application
The Civil Aviation Act 1988, as supplemented 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 and aeronautical products. These directives are a legislative instrument under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. The State of Registry, including CASA as Australia’s national airworthiness authority, holds the responsibility for ensuring the continuing airworthiness of aircraft registered in Australia. Consequently, when the State of Design issues an AD for a particular aircraft type, CASA is obligated to evaluate this information and, if necessary, issue a corresponding Australian AD. In this context, CASA has decided to cancel AD/PA-28/31 concerning Piper PA-28 model aircraft, effective 3 July 2008. This cancellation does not necessitate a replacement AD, as all relevant aircraft would have been inspected and modified as required long before now. No public consultation was deemed necessary for this cancellation as it merely reduces the regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). ADs are formal safety directives issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. These directives can apply to specific types of aircraft or aeronautical products and are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). The authority to issue these directives is grounded in the international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design a key role in maintaining the airworthiness of aircraft types. The State of Registry, which in Australia is CASA, must then adopt these directives to ensure compliance and safety within the country.
Entities governed by the Act, including aircraft operators and manufacturers, must comply with ADs issued by CASA. For instance, aircraft operators must ensure their aircraft meet the requirements specified in any relevant ADs. Failure to comply can result in serious safety risks and potential legal consequences. Manufacturers must also adhere to the ADs, ensuring that any modifications or inspections required by these directives are carried out on the aircraft within their design purview. Additionally, CASA has the responsibility to review and assess ADs from other countries to determine if they need to be adopted or adapted for use in Australia.
Violations of ADs can lead to significant legal and financial consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in criminal charges, including fines and imprisonment. The specific penalties depend on the nature and severity of the violation. For example, operating an aircraft that does not comply with an AD can attract fines of up to $275,000 for corporations and $55,000 for individuals, as well as imprisonment for up to five years. In some cases, CASA may also issue infringement notices for less severe violations, with penalties that can reach up to $2,200 for individuals and $11,000 for corporations. These stringent measures are in place to ensure high safety standards are maintained in the aviation industry.