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-28/73 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 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its provisions allows the Governor-General to make regulations for the purposes of the Act, which includes issuing airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, issued by the Civil Aviation Safety Authority (CASA), mandate requirements to ensure the continuing airworthiness of aircraft, thereby addressing the problem of maintaining safe and reliable aircraft operations. The ADs are made in accordance with Australia’s obligations under the Convention on International Civil Aviation, where the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. CASA reviews and, when necessary, cancels ADs such as AD/PA-28/73 affecting Piper PA-28 aircraft, as was done on 3 July 2008, without requiring public consultation due to the nature of ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in alignment with the Civil Aviation Act 1988. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under the Acts Interpretation Act 1901, and consequently, a legislative instrument under the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, according to Annex 8 of the Convention on International Civil Aviation, and must furnish any necessary information to the States of Registry to maintain airworthiness. The State of Registry is then responsible for the continuing airworthiness of an individual aircraft, requiring the development or adoption of requisite measures to ensure safety. In the case of Australia, when an AD is issued by a State of Design for a type of aircraft on the Australian Register, CASA, as the national airworthiness authority, must evaluate this information and, if suitable, issue an Australian AD to enforce the State of Design's requirements. The AD/PA-28/73 affecting Piper PA-28 aircraft, issued by CASA or its predecessors, has been cancelled by CASA, effective from 3 July 2008, without the need for a replacement AD. This cancellation is due to Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs). Specifically, section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, CASA has issued and subsequently cancelled AD/PA-28/73, which affected Piper PA-28 aircraft. This cancellation is due to Australia's obligations under the Convention on International Civil Aviation and will become effective on 3 July 2008. Importantly, no replacement AD is required as a result of this cancellation.
The obligations imposed on CASA and other parties include ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure continuing airworthiness, while the State of Registry is responsible for developing or adopting requirements to ensure the airworthiness of individual aircraft. CASA must assess and respond to ADs issued by the State of Design, which may result in the issuance of an Australian AD.
In terms of consequences for non-compliance, while the specific legislation does not detail penalties for breaching ADs, non-compliance with airworthiness directives can lead to serious safety issues and potential legal consequences. CASA enforces compliance with ADs, and failure to adhere to these directives can result in civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The exact penalties are not specified in the provided text but would be in line with general aviation safety regulations and other applicable laws.