AD/PA-30/1 - Fuel Valve Control Stop - Installation - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thus ensuring the continuing airworthiness of aircraft in line with international standards. The ADs are legislative instruments that align with the obligations of Australia under the Convention on International Civil Aviation, specifically under Annex 8, which mandates that the State of Design is responsible for the ongoing airworthiness of aircraft types and must provide necessary information to the States of Registry. In accordance with these international obligations and the enabling provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, CASA issued an airworthiness directive affecting Piper PA-30 aircraft, which has since been reviewed and cancelled. The cancellation of this directive, effective 18 December 2008, does not require a replacement AD. Given the nature of this regulatory action, no public consultation or Regulatory Impact Statement was deemed necessary. The decision to cancel the directive was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in line with the legislative powers granted under the Act.

Scope and Application

The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for the continuing airworthiness of aircraft types, requiring it to provide necessary information to States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft. CASA, acting within its statutory authority, has the capacity to issue, review, and cancel ADs, as evidenced by the cancellation of AD/PA-30/1 concerning Piper PA-30 aircraft, effective 18 December 2008. This action aligns with Australia’s international obligations and was executed without public consultation, as it does not necessitate a Regulatory Impact Statement. The cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulation is an integral part of the Civil Aviation Act 1988, which allows the Governor-General to establish regulations for the safety of air navigation. Notably, ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are also legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. Compliance with ADs is crucial for entities governed by the Civil Aviation Safety Regulations 1998. The State of Registry of an individual aircraft must ensure the continuing airworthiness of the aircraft by developing or adopting appropriate requirements as mandated by Annex 8. This involves adhering to the directives issued by CASA and ensuring that all stipulated safety measures are implemented. Furthermore, the State of Design must also collaborate with the State of Registry by providing any necessary information to support the airworthiness of the aircraft. This collaborative effort is fundamental to maintaining the safety standards required under international civil aviation conventions. Breaches of airworthiness directives or failure to comply with the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Although specific offences and penalties are not detailed in the text, it is implied that non-compliance with ADs can result in safety risks, potentially leading to civil or criminal liabilities. The severity of penalties can vary, but they are likely to be significant given the critical nature of airworthiness and safety in aviation. The overarching aim is to ensure that all parties maintain the highest safety standards to protect the public and comply with international aviation regulations. CASA has exercised its authority by issuing and subsequently cancelling AD/PA-30/1, which affected Piper PA-30 aircraft. This action was taken due to Australia's obligations under the Convention on International Civil Aviation. The cancellation of the AD will become effective on 18 December 2008, and no replacement AD is necessary. The process of cancelling this directive did not involve consultation with the Australian public, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act. This procedural adherence ensures that the cancellation is legally sound and aligns with the legislative framework governing airworthiness directives.