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-28/88 Amendment 3 affecting Piper PA-28 aircraft in 1991. 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 address the need for comprehensive regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing specific requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments under the Legislative Instruments Act 2003, designed to maintain the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The Act and its associated regulations aim to uphold international safety standards while ensuring that Australia's national airworthiness authority, CASA, appropriately responds to directives from States of Design and other relevant authorities.
Scope and Application
The Civil Aviation Act 1988, as amended and administered by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are regulatory instruments critical to the maintenance of safe air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, ensuring compliance with international standards and obligations. The authority to issue ADs stems from regulation 39.001 of the Civil Aviation Safety Regulations, and these directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The scope of this legislation applies to all aircraft registered in Australia, requiring the State of Registry, in this case CASA, to ensure their continuing airworthiness in alignment with international standards set by the Convention on International Civil Aviation. Exemptions or exclusions from these regulations are not specified within the provided text, and any modifications to these directives or their scope are subject to the legislative and regulatory processes outlined within the Civil Aviation Act and associated regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (39.001(1)). This regulatory mechanism is essential for ensuring the ongoing safety and airworthiness of aircraft registered in Australia. The authority to issue such directives is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety (98). The ADs are considered legislative instruments under the Legislative Instruments Act 2003, given their disallowable nature as per section 46A of the Acts Interpretation Act 1901 (39.001(5)).
Compliance with international standards is a key obligation under these provisions. The State of Design, which is responsible for the overall continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain the airworthiness of the aircraft (Annex 8 to the Convention on International Civil Aviation). CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with safety standards. This obligation extends to monitoring the modifications and ensuring that all aircraft modifications mandated by ADs are properly implemented and maintained.
Failure to comply with ADs can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose stringent requirements on aircraft owners, operators, and maintenance providers to adhere to the directives issued by CASA. Non-compliance with an AD can lead to severe penalties, including fines and imprisonment. For instance, under section 44 of the Civil Aviation Act 1988, failure to comply with an AD can result in a fine of up to $275,000 for individuals and $1.375 million for corporations, along with potential imprisonment for up to five years. Such penalties underscore the critical importance of adhering to ADs in maintaining the safety and airworthiness of aircraft in Australian airspace.