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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-30/15 affecting Piper PA-30 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 2008. No replacement AD is required.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to establish regulations that align with the Act's objectives and the overarching interest of aviation safety. In line with this, the Civil Aviation Safety Regulations 1998, also developed under the authority of the Civil Aviation Act 1988, delegate to the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are critical in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 also stipulate that ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. CASA has exercised its authority to issue and subsequently cancel ADs, such as AD/PA-30/15 for Piper PA-30 aircraft, reflecting Australia's commitment to international aviation safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they fall within the scope of the Legislative Instruments Act 2003. The ADs are integral to fulfilling the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have respective responsibilities for ensuring the continuing airworthiness of aircraft. In line with international standards, Australia's ADs aim to maintain safety and compliance, and any changes, such as the cancellation of AD/PA-30/15 for Piper PA-30 aircraft, are implemented without public consultation as they pertain to international obligations and do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) operates. Specifically, section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 allows CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under subregulation 39.001(5), these directives are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments as defined in the Legislative Instruments Act 2003. ADs serve as the primary means by which states communicate continuing airworthiness information for aircraft types, a responsibility mandated under Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by this legislation on CASA include the issuance of ADs to ensure the continuing airworthiness of aircraft. CASA must adhere to international standards and practices as outlined in Annex 8, ensuring that the State of Design provides necessary information to maintain airworthiness. The State of Registry is also tasked with developing or adopting requirements to ensure that individual aircraft remain airworthy. In this context, CASA issued AD/PA-30/15 for Piper PA-30 aircraft, but has since reviewed and cancelled this directive, effective 18 December 2008, without the need for a replacement. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation.
Failure to comply with ADs or the responsibilities outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, breaches of airworthiness directives can lead to civil or criminal penalties under Australian law. The exact nature and severity of these penalties would depend on the specific circumstances of the breach, the impact on aviation safety, and the provisions of relevant legislation. The legislative instruments act as a deterrent against non-compliance, ensuring that all parties involved in aircraft operations adhere to the highest safety standards.