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-28/44, affecting Piper PA-28 model aircraft, in 1974. 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, enacted by the Australian Parliament, provides a legislative framework for the safety and regulation of civil aviation in Australia. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation, under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft and are considered legislative instruments. The State of Design of an aircraft type has the responsibility to provide necessary information for the continuing airworthiness of the aircraft, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. CASA, acting as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs to enforce these requirements.
In this context, CASA issued an airworthiness directive (AD/PA-28/44) in 1974 affecting Piper PA-28 model aircraft, which has now been reviewed and cancelled. The decision to cancel the AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch on behalf of CASA, as per the Civil Aviation Act. The cancellation, which becomes effective on 3 July 2008, does not require public consultation or a Regulatory Impact Statement, as it reduces the regulatory burden. No replacement AD is necessary, as all affected aircraft would have been modified long ago.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, affecting manufacturers, operators, and other entities involved in the aviation industry. ADs serve as a crucial mechanism for the continuing airworthiness of aircraft, mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of aircraft types, and CASA, as Australia's national airworthiness authority, must issue corresponding ADs when required. The scope of these regulations extends to ensuring that all aircraft registered in Australia meet the necessary safety standards. The authority to issue ADs is exercised under regulation 39.001, and their disallowable nature is confirmed under subregulation 39.001(5). The ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003. In specific cases, such as the cancellation of AD/PA-28/44 for Piper PA-28 model aircraft, CASA reviews and amends ADs to reduce regulatory burden, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation provide for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988 (sections 98, 39.001, 39.001(5)). Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products (section 39.001). The legislation also clarifies that ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (sections 46A, 6).
The Act imposes obligations on CASA to assess information from the State of Design and, if appropriate, issue an Australian AD to ensure compliance with continuing airworthiness requirements (section 39.001). The State of Registry is responsible for ensuring the continuing airworthiness of an aircraft, and CASA's issuance of ADs helps to enforce these requirements (section 39.001, Annex 8). The State of Design must provide necessary information to ensure the airworthiness of a type to appropriate States of Registry, including Australia, to facilitate the issuance of ADs (Annex 8).
The legislation does not specify any offences, penalties, or civil/criminal consequences for breach of the AD cancellation provisions. However, the overarching Civil Aviation Act 1988 and associated regulations may contain provisions that impose penalties for non-compliance with airworthiness directives and other safety regulations. These penalties can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened.
The Civil Aviation Safety Regulations 1998, in particular, may impose administrative penalties for non-compliance with ADs, including fines of up to $22,200 for individuals and $111,000 for corporations (regulation 39.025). Additionally, under section 84A(3) of the Act, failure to comply with an airworthiness directive can result in civil penalties, including fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as criminal penalties, including imprisonment for up to five years.
The Civil Aviation Act 1988 and associated regulations also provide for enforcement actions by CASA, including the suspension or revocation of aircraft certificates of airworthiness and the prohibition of flight operations for non-compliant aircraft (sections 57, 65, 71). These enforcement actions are intended to ensure compliance with airworthiness requirements and to maintain the safety of air navigation.