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-30/17 Amdt 1 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 was enacted to regulate the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to establish regulations for air navigation safety, as evidenced by the issuing of airworthiness directives under section 98. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, further delegate this authority to the Civil Aviation Safety Authority (CASA), which has the power to issue such directives for specific aircraft types and aeronautical products. The legislative intent behind this regulation is to ensure the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation. The State of Registry is mandated to maintain the airworthiness of individual aircraft, while the State of Design is responsible for the broader type certification. In compliance with these international obligations, CASA has cancelled AD/PA-30/17 Amdt 1 for Piper PA-30 aircraft, effective from 18 December 2008, without necessitating public consultation or a Regulatory Impact Statement. This action underscores the balance between national regulatory practices and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These directives are legislative instruments aimed at ensuring the safety of air navigation by governing the continuing airworthiness of aircraft and aeronautical products. The ADs apply to specific kinds of aircraft or aeronautical products, and their issuance is a regulatory function of CASA, under the authority granted by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The application of these directives extends to all aircraft registered in Australia, with CASA acting on behalf of the State of Registry to enforce continuing airworthiness standards. The geographic reach of these regulations is national, applying throughout Australia, and they are influenced by international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Notably, the cancellation of an AD, such as AD/PA-30/17 Amdt 1 for Piper PA-30 aircraft, is made in accordance with Australia's obligations under the Convention and domestic legislative processes, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This is outlined in section 39.001 of the Regulations, with further clarification provided in subregulation 39.001(5), which specifies that ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This regulatory framework is integral to maintaining the safety standards required by international conventions, specifically Annex 8 to the Convention on International Civil Aviation. Under this framework, the State of Design is tasked with ensuring the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft.
The obligations placed on CASA by these provisions include the duty to issue ADs to maintain the airworthiness of aircraft in Australia. CASA must ensure that these directives align with international standards set by the Convention on International Civil Aviation, reflecting Australia's commitments to global aviation safety. The ADs issued by CASA must be comprehensive, providing necessary information and requirements to ensure that aircraft remain airworthy throughout their operational life. Additionally, CASA is responsible for monitoring and reviewing these directives, as evidenced by the recent cancellation of AD/PA-30/17 Amdt 1, affecting Piper PA-30 aircraft, which will take effect on 18 December 2008. This cancellation was made in accordance with the Convention, and no replacement AD is required.
The legislation also outlines the consequences for non-compliance with ADs. Failure to adhere to the directives could result in serious safety risks, leading to potential criminal or civil penalties. The maximum penalties for breaches of civil aviation regulations can include substantial fines and, in severe cases, imprisonment. These penalties underscore the importance of compliance with ADs and the critical role CASA plays in enforcing these regulations to safeguard public safety. As ADs are legislative instruments, their issuance and enforcement are subject to rigorous scrutiny to ensure they meet the highest standards of safety and compliance.