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-28/74 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, aims to provide a comprehensive regulatory framework for civil aviation safety in Australia. This legislation empowers the Governor-General to make regulations under section 98 to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific operational and safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments that mandate corrective actions or operational limitations to maintain the airworthiness of aircraft and aeronautical products, reflecting the overarching responsibility of the State of Design to ensure continuing airworthiness as per Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, evaluates and, if necessary, issues Australian ADs to align with international standards and obligations, ensuring the safe and compliant operation of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this legislative scheme, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring that these entities comply with safety standards. These ADs are legislative instruments as defined under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs play a critical role in maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, while the State of Registry ensures compliance on an individual aircraft basis. In the context of Australian law, CASA is the national airworthiness authority responsible for assessing and, if necessary, issuing ADs that reflect the requirements of the State of Design. This process is influenced by international obligations under the Convention on International Civil Aviation, as detailed in Annex 8, which mandates the sharing of airworthiness information among contracting states. The specific AD/PA-28/74 concerning Piper PA-28 aircraft, originally issued by CASA, has been cancelled effective 3 July 2008, with no replacement AD required, reflecting Australia's compliance with international standards.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide a framework for the regulation of civil aviation safety in Australia. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design, which is responsible for the design of an aircraft type, must ensure the continuing airworthiness of the aircraft and provide necessary information to States of Registry. These States of Registry, including Australia, have the responsibility to maintain the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to ensure compliance with airworthiness standards. This process was recently applied to AD/PA-28/74, which affected Piper PA-28 aircraft. CASA reviewed this AD and decided to cancel it, effective from 3 July 2008, without the need for a replacement directive.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft manufacturers and operators, must comply with the ADs issued by CASA. This includes implementing any mandatory changes or inspections required by the directives to ensure the continued airworthiness of aircraft. CASA's authority to issue these directives is derived from its role as the national airworthiness authority, necessitating that operators and manufacturers adhere to the directives to maintain safety standards.
Failure to comply with an airworthiness directive can result in severe consequences, including potential criminal or civil penalties. Under section 59 of the Civil Aviation Act 1988, any person who contravenes a provision of an airworthiness directive can be fined up to $16,200 for an individual offence and up to $81,000 for a corporate offence. Additionally, the operation of a non-compliant aircraft may result in severe safety risks, leading to enforcement actions by CASA, including grounding the aircraft or imposing further penalties.