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.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-28/32 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/32. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
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, Systems and New Technologies 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with the Civil Aviation Safety Regulations 1998 establishing specific requirements for airworthiness directives. Under this regulatory framework, the Civil Aviation Safety Authority (CASA) is mandated to issue airworthiness directives to ensure the continuing airworthiness of aircraft types registered in Australia. This process is aligned with Australia’s obligations under the Convention on International Civil Aviation, where the State of Design has the responsibility to provide necessary information to ensure the airworthiness of aircraft types. The issuance and cancellation of airworthiness directives, such as the AD/PA-28/32 for Piper PA-28 aircraft, reflect CASA's role in implementing and enforcing these international standards within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments that serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to maintain airworthiness, and CASA, as Australia’s national airworthiness authority, assesses this information and may issue Australian ADs to enforce these requirements. The scope of these regulations extends to all aircraft types registered in Australia, imposing obligations on both the State of Design and the State of Registry to maintain and communicate safety standards. Although ADs are legislative instruments, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by authorised personnel within CASA, ensuring that the directives meet the necessary legal and safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are also subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the responsibility to issue ADs when necessary to ensure the continuing airworthiness of aircraft registered in Australia. These ADs must comply with the obligations outlined in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
In the specific case of the AD/PA-28/32 affecting Piper PA-28 aircraft, CASA assessed the AD and decided to cancel it. This decision was based on Australia's obligations under the Convention on International Civil Aviation. The cancellation of this AD will be effective as of 5 June 2008, and no replacement AD is required since the unsafe condition it addressed no longer exists. Given that this AD cancellation is in line with international obligations, no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation.
Failure to comply with ADs can result in significant consequences. Section 84A(2) of the Civil Aviation Act 1988 imposes obligations on aircraft operators and owners to adhere to ADs. Non-compliance with an AD can lead to civil or criminal penalties. Civil penalties may include fines and other sanctions, while criminal penalties can include imprisonment, reflecting the seriousness with which the authorities treat violations of airworthiness directives. The exact penalties depend on the specific nature and severity of the breach.