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.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-28/55 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/55. The cancellation will become effective on 3 July 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies 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 Parliament of Australia, is the primary legislation governing civil aviation safety in Australia. This Act empowers the Governor-General to issue regulations that contribute to the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with the safety standards set forth in Annex 8 of the Convention on International Civil Aviation. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued by the State of Design, with the State of Registry responsible for ensuring that individual aircraft meet these standards. The AD/PA-28/55, which affected Piper PA-28 aircraft, was cancelled by CASA as it no longer addressed an unsafe condition, reflecting Australia’s commitment to international aviation safety standards. This cancellation was carried out in accordance with the legislative authority granted by the Act, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to address issues concerning the continuing airworthiness of these entities. This legislative instrument is applicable to all aircraft registered in Australia and operates within the national jurisdiction, ensuring compliance with international standards set forth by the Convention on International Civil Aviation. The ADs, which are legislative instruments, serve as a crucial mechanism for maintaining airworthiness and are issued by the State of Design and subsequently adopted or developed by the State of Registry. CASA, as Australia's national airworthiness authority, plays a pivotal role in evaluating and enforcing these directives, ensuring that any unsafe conditions identified by the State of Design are appropriately addressed. The cancellation of ADs, such as the one affecting Piper PA-28 aircraft, is determined by CASA and adheres to international obligations, reflecting the continuous commitment to aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of 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 legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are instrumental in maintaining the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the airworthiness of aircraft types. CASA, as the national airworthiness authority in Australia, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Under these regulations, the State of Registry of an aircraft must ensure its continuing airworthiness, developing or adopting necessary requirements as stipulated in Annex 8. When the State of Design issues an AD, CASA evaluates the information and, if appropriate, issues an Australian AD to implement the requirements. This ensures that all aircraft registered in Australia comply with the continuing airworthiness standards set forth by the State of Design. In the specific case of AD/PA-28/55 affecting Piper PA-28 aircraft, CASA assessed the directive and determined that the unsafe condition no longer existed, leading to the cancellation of the Australian AD/PA-28/55, effective from 3 July 2008. No replacement AD was required as the unsafe condition was resolved.
There are no obligations for public consultation or a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation. The ADs are issued under the authority of section 84A(2) of the Civil Aviation Act 1988, by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA. The issuance and cancellation of ADs are critical to maintaining the safety and airworthiness of aircraft in Australia, reflecting the nation's commitment to international safety standards.