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-28/7 Amendment 1 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/7 Amendment 1. The cancellation will become effective on 5 June 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, serves as the foundational statute for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. As part of its provisions, the Act empowers the Governor-General to make regulations for the Act's purposes and in the interest of air navigation safety. One such regulation, the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products, thereby maintaining the continuing airworthiness of aircraft. The objective of these directives, as per Annex 8 to the Convention on International Civil Aviation, is to ensure that the State of Design, typically the manufacturer, provides necessary information to States of Registry, including Australia, to maintain the safety standards of aircraft types registered within their jurisdictions.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under the Acts Interpretation Act 1901 and is subject to disallowance. As Australia’s national airworthiness authority, CASA must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. In this instance, CASA has cancelled Australian AD/PA-28/7 Amendment 1 for Piper PA-28 aircraft, effective from 5 June 2008, due to the resolution of the unsafe condition identified, without the need for a replacement AD. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require consultation with the public or a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the interests of air navigation safety, and the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). ADs are critical tools for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. This convention mandates that the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. Consequently, when an AD is issued by a State of Design, CASA, acting as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations under these regulations require CASA to continuously monitor and ensure the airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design concerning a type of aircraft on the Australian Register, CASA must assess the AD's content and, if appropriate, issue a corresponding Australian AD. This ensures that the safety standards and requirements set forth by the State of Design are uniformly applied in Australia. For instance, CASA issued AD/PA-28/7 Amendment 1 for Piper PA-28 aircraft, which was later assessed and subsequently cancelled by CASA, effective 5 June 2008, due to the resolution of the unsafe condition. This cancellation was made without public consultation as it was in line with Australia's obligations under the Convention on International Civil Aviation, and no Regulatory Impact Statement was required.
Under the Civil Aviation Act 1988, CASA has the authority to issue, amend, or cancel ADs to maintain the highest safety standards. These directives are critical for addressing any safety issues that may arise with specific aircraft types. Failure to comply with an AD can result in severe consequences, as CASA can impose penalties on aircraft operators who do not adhere to the mandated requirements. The penalties for non-compliance can include fines and other sanctions, which are intended to ensure that all parties maintain the necessary safety standards. Additionally, any breaches of ADs can lead to criminal charges, further emphasising the importance of compliance with these regulations. The ADs are thus a pivotal component in the regulatory framework that ensures the safety and airworthiness of aircraft in Australia.