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-28/87 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 normal maintenance practices now address the unsafe condition.
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, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were also created, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. The ADs serve as a means to ensure the continuing airworthiness of aircraft types, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). In accordance with the Legislative Instruments Act 2003, these ADs are classified as legislative instruments. The cancellation of a specific AD, AD/PA-28/87 affecting Piper PA-28 aircraft, exemplifies CASA's role in assessing and implementing necessary measures to address unsafe conditions, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific kinds of aircraft or aeronautical products, as stipulated under regulation 39.001. These directives are legislative instruments under the Legislative Instruments Act 2003, designed to maintain the safety of air navigation and ensure compliance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. The Act applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as individuals involved in the operation and maintenance of aircraft registered in Australia. Geographically, the Act's jurisdiction spans the Commonwealth, ensuring a uniform approach to airworthiness across the nation. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, ensures these standards are implemented within Australia. The ADs issued by CASA are pivotal in enforcing the necessary safety measures and practices required by international and domestic aviation regulations.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 98, regulation 39.001). An AD is a legislative instrument that is subject to disallowance, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (subregulation 39.001(5)). These directives are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for maintaining the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. In Australia, CASA is responsible for assessing and issuing ADs for aircraft registered in the country.
Under these regulations, CASA must act when the State of Design issues an AD for a type of aircraft registered in Australia. CASA is required to evaluate this information and, if necessary, issue an Australian AD that enforces the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. In the case of AD/PA-28/87, which affected Piper PA-28 aircraft, CASA has reviewed the directive and determined that it can be cancelled, effective 3 July 2008. This cancellation is due to the fact that current maintenance practices now address the previously identified unsafe condition, making the AD obsolete.
There are no obligations for public consultation or the preparation of a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation. The cancellation of AD/PA-28/87 has been carried out by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with airworthiness directives can result in significant consequences. Civil penalties, including fines, may be imposed for non-compliance with ADs, with the exact amount determined by the court based on the severity of the breach. Criminal penalties, such as imprisonment, may also apply in cases of gross negligence or willful disregard for safety regulations. Additionally, non-compliance can lead to the grounding of affected aircraft, resulting in operational disruptions and financial losses for operators. It is therefore crucial for all parties governed by these regulations to adhere strictly to the issued ADs to ensure the safety of air navigation.