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-28/46 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 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 provide a comprehensive legislative framework for civil aviation in Australia, addressing issues related to the safety and regulation of air navigation. Under this Act, the Governor-General is empowered to make regulations, including the issuance of airworthiness directives (ADs), to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the processes by which ADs can be issued by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments that mandate requirements for the continuing airworthiness of aircraft, ensuring compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 aims to facilitate the safe operation of aircraft by ensuring that all relevant authorities, including CASA and the States of Design and Registry, collaborate effectively to maintain airworthiness standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products, ensuring the safety of air navigation as stipulated under section 98 of the Civil Aviation Act 1988. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is responsible for ensuring that each aircraft on the Australian Register meets airworthiness standards, including compliance with ADs issued by the State of Design. The recent decision by CASA to cancel AD/PA-28/46 for Piper PA-28 model aircraft, effective from 3 July 2008, is an example of this regulatory process. This cancellation results from a review determining that no further action is required as all affected aircraft have already been modified. The decision to cancel the AD did not necessitate public consultation or a Regulatory Impact Statement, reflecting a reduction in regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and enforcement of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to issue ADs when necessary to ensure the continuing airworthiness of aircraft types on the Australian Register. These directives are issued in response to identified safety issues or as a result of international requirements set by the State of Design, which has the primary responsibility for the airworthiness of a particular aircraft type. The State of Registry, in this case CASA, must ensure that any ADs issued by the State of Design are assessed and, if appropriate, enforced within Australia. This ensures that all aircraft operating in Australia comply with the necessary safety standards.
The Civil Aviation Safety Regulations 1998 further detail the process and authority under which ADs are issued. Subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that ADs are subject to parliamentary disallowance, reinforcing the legislative nature of these directives. Additionally, the State of Registry is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction, as stipulated in Annex 8 to the Convention on International Civil Aviation.
In relation to specific aircraft types, such as the Piper PA-28 model, CASA has the authority to issue or cancel ADs. For instance, AD/PA-28/46, which affected Piper PA-28 model aircraft, was issued in 1973 and has now been reviewed and cancelled by CASA. This cancellation, effective from 3 July 2008, signifies that all affected aircraft have already undergone necessary modifications, thus rendering a replacement AD unnecessary. CASA determined that no public consultation was required for this cancellation, as it reduces the regulatory burden. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the administrative process.
The issuance of ADs, including their cancellation, is carried out by designated personnel within CASA. In this instance, the AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legal framework ensures that ADs are issued and managed in a manner that prioritises the safety and compliance of aircraft operating in Australia.