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-28/9 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/9. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 provide a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This legislation allows for the creation of regulations that serve to protect public safety, particularly in the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft, ensuring they meet necessary safety standards. The Civil Aviation Act 1988 thus serves as the foundation for CASA to act on international obligations and to mandate specific safety measures through ADs, thereby safeguarding the aviation industry within Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, which serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft. The ADs are legislative instruments under the Acts Interpretation Act 1901 and are required to adhere to the provisions of the Legislative Instruments Act 2003. These directives are typically issued by the State of Design and adopted by the State of Registry, such as CASA in Australia, to address safety concerns and ensure compliance with international standards set forth by the Convention on International Civil Aviation. The application of these directives is comprehensive, covering all aircraft and aeronautical products registered in Australia, thereby extending across various industries and entities involved in civil aviation. The ADs can be issued without public consultation as determined by the Office of Best Practice Regulation, which has also concluded that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the authority for CASA to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These ADs are legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs are a form of continuing airworthiness information issued by most ICAO Contracting States, ensuring the safety and compliance of aircraft in operation.
The obligations imposed by these provisions primarily fall on the Civil Aviation Safety Authority (CASA), which acts as Australia’s national airworthiness authority. CASA is required to assess information from the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft comply with international safety standards. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to meet these standards.
There are specific consequences for non-compliance with ADs. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, failure to comply with an AD can result in significant penalties. Although the specific penalties are not detailed in the text, non-compliance with airworthiness directives typically leads to enforcement actions, which can include fines and, in severe cases, the grounding of the aircraft. Additionally, pilots and operators found in breach of these directives may face legal consequences, including criminal charges, depending on the severity of the violation.
Given the critical role ADs play in maintaining air safety, CASA has the authority to cancel ADs when the unsafe conditions they address no longer exist. This was demonstrated in the case of AD/PA-28/9 affecting Piper PA-28 aircraft, which CASA assessed and subsequently cancelled. This cancellation was made in line with Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was required. The AD was 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.