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.
CASA issued AD/PA-28/89 affecting Piper PA-28 series aircraft in 1991. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with a focus on maintaining the airworthiness of aircraft. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and play a crucial role in ensuring that aircraft remain airworthy throughout their operational lives, aligning with international standards set by the Convention on International Civil Aviation.
The specific regulation concerning the cancellation of an airworthiness directive for Piper PA-28 series aircraft, AD/PA-28/89, was issued by CASA in 1991 and is now being rescinded due to the resolution of the original safety issue. The decision to cancel this AD, which eliminates a regulatory burden without necessitating public consultation or a Regulatory Impact Statement, reflects CASA’s commitment to maintaining efficient and effective aviation safety standards. This action underscores the importance of continuous review and adaptation of regulatory measures to address evolving safety concerns while balancing the need to reduce unnecessary regulatory overhead.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act applies to the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, who has the authority to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the airworthiness of an aircraft type. The State of Registry, in this case CASA, must then assess the information provided by the State of Design and issue corresponding ADs to mandate the required safety measures. In the specific case of AD/PA-28/89, CASA cancelled an existing directive affecting Piper PA-28 series aircraft, effective from 17 January 2008, as the unsafe condition it addressed has ceased to exist. The cancellation was made without public consultation, as it reduces the regulatory burden, and no Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that enhance the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 designates these ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry. The State of Design, typically the manufacturer, is tasked with providing necessary information to ensure airworthiness, while the State of Registry, which is responsible for individual aircraft, must adopt or develop appropriate requirements.
Under these regulations, CASA, as Australia's national airworthiness authority, is obligated to review and act on airworthiness directives issued by the State of Design. For example, in 1991, CASA issued an AD for the Piper PA-28 series aircraft, identified as AD/PA-28/89. Following a review, CASA has decided to cancel this AD, effective 17 January 2008, because the original unsafe condition has ceased to exist, and no replacement directive is necessary. The decision to cancel the AD without public consultation was made due to the reduction in regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
The issuance of ADs and their subsequent cancellation are governed by stringent regulatory processes. CASA issued the cancellation of AD/PA-28/89 under subsection 84A(2) of the Civil Aviation Act 1988, ensuring that all actions are in line with legislative requirements. Failure to comply with these regulations could result in significant legal repercussions, including potential civil or criminal penalties. The precise nature of these consequences would depend on the specific breach and the extent of non-compliance with airworthiness standards.