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. When a State of Design issues an AD against a type of aircraft on the Australian Register, or likely to be 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.
In 1972 Piper Aircraft Corporation issued Service Letter No. 600 applying periodic inspections to PA-28 Cherokee airplanes. The USA Federal Aviation Administration issued AD 72-08-06 to mandate SL No. 600. The USA is the State of Design of the Piper PA-28 Cherokee airplane. Australian AD/PA-28/35 and Amendment 1 were subsequently issued to mandate SL No. 600. In 2009, Piper Aircraft Corporation issued Mandatory Service Bulletin No. 1199 to supersede SL No. 600 in its entirety. CASA has decided to amend AD/PA-28/35 to Amendment 2 to delete reference to SL No. 600 and replace it with reference to MSB No. 1199. AD/PA-28/35 Amdt 2 will become effective on 13 May 2011.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations that support the Act's objectives, particularly with regard to air navigation safety. This legislative power is exercised through the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, and ensuring that Australia meets its obligations as a State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These directives are legislative instruments that aim to ensure the safety of air navigation. The ADs are typically issued in response to information from the State of Design of an aircraft type and are designed to mandate requirements for the continuing airworthiness of aircraft registered in Australia or likely to be registered in Australia. This legislative framework extends to all aircraft types and aeronautical products used in Australian airspace, ensuring compliance with international standards set by the Convention on International Civil Aviation. Notably, the ADs do not require public consultation or a Regulatory Impact Statement, as they are based on international obligations and are considered technical adjustments to ensure ongoing airworthiness and safety.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to establish regulations that serve the Act’s objectives, with a primary focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. As stipulated in subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility that is outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the overall duty for the continuing airworthiness of an aircraft type, including the provision of necessary information to States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on entities such as CASA and aircraft operators are significant. CASA, as the national airworthiness authority, must diligently assess information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian-registered aircraft meet international standards for safety. Operators of aircraft registered in Australia are also bound by these regulations, which mandate that they comply with ADs to maintain the airworthiness of their aircraft. This includes following the specified inspection, maintenance, and repair protocols outlined in the ADs to ensure that the aircraft remain airworthy throughout their operational life.
Failure to comply with the requirements of an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence that can result in substantial penalties. The maximum penalties for contravening an AD are detailed in section 37 of the Act, which stipulates that an individual may be liable for a fine of up to $132,000 for each occurrence, and corporations may face fines of up to $660,000 for each occurrence. In addition to financial penalties, non-compliance can also result in criminal charges, where an individual could be imprisoned for up to two years, and corporations could be fined up to $3.3 million. These stringent penalties underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.