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-28/49, 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 establish a comprehensive framework for civil aviation safety and regulation in Australia. One significant component of this framework is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products, as per regulation 39.001. These ADs are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, with the State of Design and State of Registry sharing responsibilities. The Civil Aviation Act 1988 empowers the Governor-General to make such regulations to ensure the safety of air navigation. CASA, acting on behalf of the Commonwealth, issued AD/PA-28/49 in 1974 for Piper PA-28 model aircraft, but has since reviewed and decided to cancel it, effective 3 July 2008, due to the extensive modifications already made to the aircraft. This cancellation reduces the regulatory burden, and no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives. Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for particular types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003. This legislative framework is applied across the Commonwealth of Australia and aligns with the requirements set out in Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry for ensuring the continuing airworthiness of aircraft types. The specific cancellation of AD/PA-28/49, affecting Piper PA-28 model aircraft, was executed by CASA and is effective as of 3 July 2008, reflecting a reduction in regulatory burden without the necessity for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations are primarily concerned with ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, is responsible for providing necessary information to maintain airworthiness to States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and, if appropriate, issuing an Australian AD to mandate the requirements for aircraft registered in Australia.
Failure to comply with ADs can lead to serious safety concerns and potential legal consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD may result in civil or criminal penalties. The specific penalties for non-compliance are not detailed in the provided text, but they could include fines and other sanctions. The safety and regulatory frameworks are designed to minimise risks to the public and ensure that aircraft meet the required safety standards.
The Civil Aviation (Airworthiness) Regulations 1998 also include provisions for the cancellation of ADs. CASA issued AD/PA-28/49 in 1974, which affected Piper PA-28 model aircraft. After reviewing the AD, CASA decided to cancel it, effective 3 July 2008, as all affected aircraft would have already been modified. The cancellation does not require public consultation or a Regulatory Impact Statement as it results in a reduction of the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.