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-28/48, 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a coordinated approach to aviation safety, efficiency, and environmental impact. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue such directives. These directives are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective underpinning these provisions is to maintain the highest standards of safety in civil aviation, aligning with international obligations under the Convention on International Civil Aviation.
In a specific instance, CASA has decided to cancel AD/PA-28/48, which previously affected Piper PA-28 model aircraft. This decision, made under subsection 84A(2) of the Act, is based on the assessment that all affected aircraft have already been modified, thereby rendering the directive obsolete. The cancellation, effective from 3 July 2008, reflects a reduction in regulatory burden without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This action underscores the commitment to maintaining efficient and effective regulatory practices while ensuring ongoing compliance with international airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, as legislative instruments, are made in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibility of the State of Design for the continuing airworthiness of an aircraft type and the State of Registry’s obligation to ensure the continuing airworthiness of individual aircraft. The Civil Aviation Act 1988 and its associated regulations apply nationally across Australia, encompassing all aircraft registered in the country. This regulatory framework ensures that CASA, as Australia's national airworthiness authority, evaluates information from the State of Design and, if necessary, issues corresponding Australian ADs. In this context, CASA has decided to cancel AD/PA-28/48 for Piper PA-28 model aircraft, effective 3 July 2008, as the affected aircraft have already been modified. This cancellation, which reduces the regulatory burden, does not require public consultation or a Regulatory Impact Statement, in line with the Office of Best Practice Regulation's determinations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with specific provisions on airworthiness directives. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. The example provided pertains to the cancellation of AD/PA-28/48, which affects Piper PA-28 model aircraft. This AD, issued in 1974, has been cancelled because all affected aircraft would have been modified long ago, eliminating the need for continued regulation.
The obligations imposed by these provisions require CASA to evaluate the continuing airworthiness of aircraft and, when necessary, issue ADs to ensure compliance with safety standards. This includes assessing information from the State of Design and implementing corresponding ADs in Australia. Additionally, CASA must ensure that these directives are in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of AD/PA-28/48, CASA determined that no replacement AD was necessary after reviewing the situation.
There are potential civil and criminal consequences for non-compliance with ADs, although specific offences, penalties, or consequences are not detailed in the provided text. Generally, failing to comply with airworthiness directives can result in significant penalties, including fines and potential criminal charges, depending on the severity of the violation and its impact on aviation safety. The exact penalties would be determined based on the specific circumstances and the provisions of the relevant legislation.