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-28/67 affecting Piper PA-28 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 3 July 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within the country and ensure the safety of air navigation. To address the need for continuous oversight and regulation of aircraft airworthiness, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs). These ADs are crucial for maintaining the airworthiness of aircraft, as they provide essential safety instructions and compliance requirements. Specifically, section 39.001 of these regulations empowers CASA to issue ADs, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that Australia adheres to international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation, thereby facilitating cooperation and compliance among ICAO Contracting States.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. This regulatory power is integral to maintaining the safety standards required by Annex 8 of the Convention on International Civil Aviation. The ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, serve as the primary mechanism for ensuring the continuing airworthiness of aircraft within Australia. The State of Registry holds the ultimate responsibility for the airworthiness of each aircraft, while the State of Design must provide necessary information to support these efforts. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue corresponding ADs to ensure compliance with international standards. For instance, CASA issued and subsequently cancelled AD/PA-28/67 for Piper PA-28 aircraft, reflecting its commitment to international obligations and safety protocols. This action was taken without public consultation, as it was deemed unnecessary by the Office of Best Practice Regulation, and was executed by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are the principal pieces of legislation governing aviation safety in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that ensure the safety of air navigation. This authority is further specified under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are multifaceted. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for the continuing airworthiness of that type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the aircraft's airworthiness in all states where it is registered. The State of Registry, on the other hand, is responsible for the airworthiness of individual aircraft and must develop or adopt requirements to maintain this airworthiness. In Australia, CASA acts as the national airworthiness authority. When the State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to enforce the required safety measures.
Failure to comply with airworthiness directives can lead to severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various offences and penalties for non-compliance with ADs. Although specific penalties are not detailed in the provided text, non-compliance generally results in civil or criminal liability. The nature and severity of penalties may vary depending on the specific circumstances of the breach, but they could include fines, imprisonment, or other corrective actions deemed necessary by CASA to ensure compliance and maintain aviation safety standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. They establish the authority for CASA to issue airworthiness directives, impose clear responsibilities on States of Design and Registry, and outline the potential consequences for non-compliance. The recent cancellation of AD/PA-28/67 for Piper PA-28 aircraft, effective from 3 July 2008, exemplifies the regulatory process and adherence to international obligations under the Convention on International Civil Aviation.