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-28/85 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 establish a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations in the interest of safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that aim to maintain the airworthiness of aircraft and aeronautical products, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives to ensure compliance with safety requirements set by the State of Design and the State of Registry. The Act facilitates the cancellation of existing ADs, such as AD/PA-28/85 concerning Piper PA-28 aircraft, which CASA cancelled on 3 July 2008 due to Australia's obligations under the Convention, without the need for public consultation or a Regulatory Impact Statement. This cancellation was carried out by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, ensuring the safety of air navigation. This legislative framework applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as to individual aircraft registered within Australia. The application of these directives extends nationally, with CASA acting as the national airworthiness authority responsible for overseeing the compliance of aircraft registered in Australia with airworthiness standards. The ADs are in line with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for the continuing airworthiness of aircraft. The legislative instrument of ADs is governed by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, making them disallowable instruments. While ADs are crucial for maintaining safety standards, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This Act and its associated regulations provide a structured approach to ensuring the safety and airworthiness of aircraft within Australia, aligning with international standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing and managing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, specifically concerning the safety of air navigation (s. 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (reg. 39.001). Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003 (subreg. 39.001(5)).
The obligations imposed by these provisions primarily rest on CASA and the State of Registry of an individual aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design (the country where the aircraft was designed) to determine if an Australian AD is necessary to ensure the continuing airworthiness of the aircraft type on the Australian Register (Annex 8). The State of Registry is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction (Annex 8). These requirements must align with the ADs issued by the State of Design to maintain the safety standards stipulated by the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 and related provisions do not explicitly outline offences or penalties for breaches of ADs. However, non-compliance with an AD can lead to significant safety risks, potentially resulting in severe consequences, including the grounding of aircraft and enforcement actions by CASA. While specific penalties are not detailed within the text, breaches of airworthiness regulations can result in substantial administrative and financial penalties under the Civil Aviation Act 1988 and other relevant legislation. The primary focus is on ensuring adherence to safety standards rather than penalising individual infractions.