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-28/33, 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 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations under section 98, with a primary focus on the safety of air navigation. In this context, 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. The policy objective behind these regulations is to ensure that all aircraft meet the necessary safety standards and maintain their airworthiness throughout their operational life. Under the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. Consequently, CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory instrument is enacted under section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. An AD is a legislative instrument that can be disallowed as per section 46A of the Acts Interpretation Act 1901 and is subject to the provisions of the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, acting on behalf of the Australian government, must assess ADs issued by the State of Design and may issue corresponding Australian ADs to enforce the necessary safety measures. In the case of AD/PA-28/33, which affected Piper PA-28 model aircraft from 1971, CASA has decided to cancel it as of 17 January 2008, considering the original unsafe condition is now addressed by another AD, AD/GENERAL/74 Amendment 1. The cancellation was executed without public consultation as it reduces regulatory burden, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required for ADs. This cancellation was authorised under subsection 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Branch of CASA.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. This regulatory power is exercised in the interest of maintaining the safety of air navigation. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type. This includes providing any necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The obligations under the Civil Aviation Safety Regulations 1998 include the responsibility of CASA to issue ADs for specific aircraft types, ensuring they comply with safety standards. The State of Registry must also ensure that the aircraft registered within its jurisdiction meet the continuing airworthiness requirements. Furthermore, the State of Design must provide necessary information to the States of Registry to maintain airworthiness. In the specific case of the Piper PA-28 model aircraft, CASA issued AD/PA-28/33 in 1971, which has now been cancelled effective 17 January 2008, as the unsafe condition addressed by the AD has been resolved by another directive (AD/GENERAL/74 Amendment 1). As the cancellation of the AD reduces the regulatory burden, no public consultation was necessary, and no Regulatory Impact Statement was required.
Offences and penalties for non-compliance with ADs can be severe, as they are integral to maintaining the safety of air navigation. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue fines for non-compliance with ADs. The maximum penalty for operating an aircraft that does not comply with an AD can be substantial, potentially including fines up to $1,000,000 for corporations and $200,000 for individuals, as well as imprisonment for up to five years for serious breaches. These penalties underscore the importance of adhering to ADs to ensure the safety and integrity of the aviation industry.