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-28/82 affecting Piper PA-28 aircraft in 1981. 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 all affected aircraft would have been modified long ago.
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, Airframes 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 regulate the aviation industry in Australia, ensuring the safety and efficiency of civil aviation. Among the provisions, the Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products. These ADs are legislative instruments and are critical for maintaining the continuing airworthiness of aircraft, in line with international standards set forth by the Convention on International Civil Aviation. CASA's role includes assessing foreign ADs and issuing corresponding Australian ADs when necessary, ensuring that the aircraft registered in Australia comply with the required safety standards. The cancellation of a particular AD, such as AD/PA-28/82 affecting Piper PA-28 aircraft, reflects Australia's commitment to international obligations and the evolution of safety standards over time.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia, aimed at ensuring the continuing safety and airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, has the authority to issue these directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which is a legislative instrument under the Legislative Instruments Act 2003. These directives apply to all aircraft and aeronautical products registered in Australia and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have responsibilities for continuing airworthiness. The cancellation of an existing airworthiness directive, such as AD/PA-28/82 for Piper PA-28 aircraft, is based on Australia’s obligations under international conventions and is implemented without public consultation as it does not require a Regulatory Impact Statement. This cancellation, effective from 3 July 2008, signifies that all affected aircraft would have been modified long ago, rendering a replacement AD unnecessary.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to issue regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation is a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003 and is disallowable under section 46A of the Acts Interpretation Act 1901. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, according to Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting relevant requirements as stipulated in Annex 8.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly CASA, bear the obligation to assess information provided by the State of Design. If deemed appropriate, CASA must issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that all aircraft registered in Australia meet international safety standards. For instance, CASA has issued and subsequently cancelled AD/PA-28/82, affecting Piper PA-28 aircraft, after reviewing its necessity and determining that the affected aircraft had already been modified. This cancellation is effective from 3 July 2008 and does not require a replacement AD as the modifications were completed long ago.
The cancellation of AD/PA-28/82 was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, under subsection 84A(2) of the Act. Any breach of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in civil or criminal consequences. The specific penalties for non-compliance can vary but may include fines and imprisonment, depending on the severity of the breach.