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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-28/61 affecting Piper PA-28 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008. No replacement AD is required.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms within this framework is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, managed by the Civil Aviation Safety Authority (CASA). These ADs are designed to address safety issues and maintain the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation. The cancellation of a specific AD affecting Piper PA-28 aircraft, as announced by CASA, reflects Australia’s commitment to its international obligations under the Convention on International Civil Aviation, and no public consultation was deemed necessary due to the nature of the directive. This cancellation, effective from 25 September 2008, signifies CASA’s adherence to stringent safety protocols and international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the safety of air navigation and are made pursuant to the authority vested in the Governor-General under section 98 of the Act. The ADs, as legislative instruments, serve as a means to maintain the continuing airworthiness of aircraft, a responsibility that falls under the purview of the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. In this instance, CASA issued an AD/PA-28/61 concerning Piper PA-28 aircraft, which has since been cancelled effective from 25 September 2008. The cancellation of this particular AD is in line with Australia's commitments under the Convention, and as such, no public consultation or Regulatory Impact Statement was deemed necessary. The AD cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations that support the safety of air navigation, and regulation 39.001 of the 1998 Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these regulations are significant. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure that this standard is maintained. Additionally, the State of Registry of an individual aircraft is tasked with ensuring the ongoing airworthiness of that specific aircraft. These responsibilities align with Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of various states in maintaining airworthiness.
In the case of AD/PA-28/61 affecting Piper PA-28 aircraft, CASA issued an AD that has since been reviewed and cancelled. The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public has occurred regarding this cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The consequences of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be severe. Failure to comply with the requirements set out in these regulations could lead to significant penalties, both civil and criminal. For example, non-compliance with ADs can result in fines and imprisonment. The maximum penalties for such breaches are not explicitly stated in the provided text, but they are likely to be substantial given the critical nature of air safety regulations.