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-28/51, 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 ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for regulating civil aviation operations, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. Enacted by the Parliament of Australia, the Act aims to safeguard air navigation and public safety by delegating regulatory authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, which complement the Act, further detail the procedures for issuing such directives. In the context of international standards, the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure that aircraft within its registry meet these standards. CASA, as Australia's national airworthiness authority, plays a critical role in implementing these requirements domestically.
Scope and Application
The Civil Aviation Act 1988 applies broadly to all persons and entities involved in civil aviation within Australia, including aircraft operators, pilots, maintenance personnel, and other aviation stakeholders. The Act provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with certain safety standards. The State of Registry of an individual aircraft holds the primary responsibility for ensuring its continuing airworthiness, and CASA, as Australia's national airworthiness authority, must issue corresponding ADs when necessary. AD/PA-28/51, originally issued in 1974 for Piper PA-28 model aircraft, has been cancelled by CASA as all affected aircraft have been modified long ago, reducing the regulatory burden without the need for a replacement AD. This cancellation, which becomes effective on 3 July 2008, was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation (s 98 and reg 39.001). An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the provisions of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft types and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements for aircraft on the Australian Register.
Under this regulatory framework, CASA issued AD/PA-28/51 for Piper PA-28 model aircraft in 1974. CASA has since reviewed this directive and decided to cancel it, effective from 3 July 2008. The cancellation is due to the fact that all affected aircraft would have already been modified, thus no replacement AD is required. The decision to cancel the AD is based on a reduction of regulatory burden, and the Office of Best Practice Regulation has determined that the cancellation does not necessitate a Regulatory Impact Statement.
The obligations imposed by these regulations require CASA to assess the ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with airworthiness standards. CASA must also review existing ADs periodically to determine if they remain relevant or if they can be safely cancelled. In the case of AD/PA-28/51, CASA has fulfilled its duty by reviewing the directive and deciding on its cancellation, thus streamlining the regulatory framework without compromising safety.
Any breach of the provisions within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various penalties and consequences. For example, failure to comply with an AD could lead to civil penalties, such as fines, or criminal penalties, including imprisonment. The exact penalties depend on the specific breach and the severity of the non-compliance. It is imperative for all stakeholders, including aircraft owners, operators, and manufacturers, to adhere to the ADs to maintain the safety and airworthiness of aircraft.