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-28/36 affecting Piper PA-28 model aircraft, in 1972. 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 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 was enacted to address the need for comprehensive regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations for the purposes of the Act and to ensure the safety of air navigation, as per section 98. This legislative framework is further supported by the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Act aims to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, while the State of Design is responsible for the type of aircraft, ensuring that any necessary information for maintaining airworthiness is provided.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 outline the framework for airworthiness directives (ADs) in Australia, applying to the persons and entities involved in the operation and maintenance of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, has the responsibility to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are made pursuant to section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they serve to mandate safety requirements for specific types of aircraft or aeronautical products. The ADs are legislative instruments as per the Legislative Instruments Act 2003. The application of these regulations extends to any aircraft registered in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8 to the Convention on International Civil Aviation. The cancellation of an AD, such as AD/PA-28/36 affecting Piper PA-28 model aircraft, is also conducted under these regulations, reflecting CASA's role in monitoring and adjusting safety standards as necessary.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 regarding airworthiness directives (ADs) can be found in sections 98 and 39.001, respectively. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This process is further defined in subregulation 39.001(5), which specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore considered legislative instruments.
These provisions impose several obligations on CASA and other entities. For example, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design of an aircraft type and, if appropriate, issue corresponding ADs for Australian-registered aircraft. This ensures that all aircraft on the Australian register comply with necessary safety requirements. The State of Registry of an individual aircraft also has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of its aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation.
Failure to comply with ADs can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can lead to safety risks and potential legal ramifications. Given that ADs are legislative instruments, breaches could potentially result in enforcement actions by CASA, which might include fines or other penalties as prescribed by the relevant aviation regulations or other applicable laws. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the provisions of the Civil Aviation Act 1988 and associated regulations.