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-28/43 affecting Piper PA-28 model aircraft in 1973. 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, establishes the framework for ensuring the safety of air navigation within Australia. One of the key provisions of this Act is the authority it grants for the creation of regulations that are essential for maintaining the safety standards in air navigation. This Act, therefore, addresses the need for a robust legislative foundation to oversee and manage the complexities of civil aviation safety. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, also created under the authority of this Act, provide further detail on the implementation of safety measures, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the continuing airworthiness of aircraft registered in Australia, ensuring they meet the necessary safety standards as stipulated by international conventions, particularly Annex 8 of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provide authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These ADs apply to kinds of aircraft or aeronautical products and are made in the interests of the safety of air navigation. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and ADs serve as a common mechanism for disseminating continuing airworthiness information. The State of Registry, in this case CASA, must ensure the ongoing airworthiness of aircraft registered within Australia. The issuance of ADs by CASA is a legislative instrument, subject to disallowance under the Legislative Instruments Act 2003. CASA has the authority to review and cancel existing ADs, such as AD/PA-28/43 affecting Piper PA-28 model aircraft, when deemed necessary. In this particular instance, CASA has decided to cancel AD/PA-28/43, effective from 3 July 2008, as all affected aircraft have been inspected and modified as required. This cancellation reduces the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation empowers CASA to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as the national airworthiness authority, to ensure the continuing airworthiness of aircraft registered in Australia. This involves assessing information provided by the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is Australia in this context, must develop or adopt necessary requirements to maintain the airworthiness of aircraft within its registry. When an AD is issued by a State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements on Australian-registered aircraft.
Failure to comply with the ADs can lead to significant consequences. The Civil Aviation Safety Regulations 1998, while not explicitly detailing specific offences and penalties in the provided excerpt, generally hold that non-compliance with airworthiness directives can result in civil or criminal penalties. Such penalties can include fines or imprisonment, depending on the severity and intent of the breach. The specific maximum penalties are not outlined in the text provided, but they would typically be found in other sections of the Civil Aviation Act 1988 or associated regulations. CASA’s role in issuing and enforcing ADs is crucial to maintaining the high safety standards required in civil aviation.