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-30/19 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 create regulations that safeguard air navigation interests, thereby providing a legal framework for aviation safety. In line with this mandate, 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 directives, as legislative instruments, are integral to maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA has the authority to issue, review, and cancel ADs, as demonstrated in the case of AD/PA-30/19 concerning Piper PA-30 aircraft, which was cancelled due to Australia's obligations under the Convention, thereby eliminating the need for public consultation or a Regulatory Impact Statement. This process is overseen by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, operating under the authority granted by the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001, apply to any kind of aircraft or aeronautical products within Australia. This means that the ADs are applicable to both the entities responsible for the design and manufacture of aircraft, as well as those responsible for the maintenance and operation of aircraft, including airlines and other aviation operators. The ADs are intended to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. As these regulations extend to ensuring the safety of air navigation, they have a broad jurisdictional reach within Australia, affecting both domestic and international aviation activities. There are no stated exclusions or exemptions in the specific AD cancellation notice, though certain aircraft or aeronautical products may be subject to different regulations based on their specific use or design. The scope of the ADs can be further extended or restricted through subordinate instruments, allowing for tailored safety measures that address specific aviation safety concerns.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation safety in Australia, with specific reference to the issuance of airworthiness directives (ADs) (section 98 and regulation 39.001). According to the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are designed to ensure the ongoing airworthiness of aircraft and are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The obligations of the State of Design and the State of Registry, as per Annex 8 of the Convention on International Civil Aviation, are also integral to this framework. The State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft by developing or adopting appropriate requirements.
Under this legislative framework, CASA has the responsibility to issue ADs and can cancel them when necessary. For example, CASA issued AD/PA-30/19 for Piper PA-30 aircraft but has since cancelled it, effective from 18 December 2008, without a replacement AD required. This action aligns with Australia's obligations under the Convention on International Civil Aviation and does not necessitate public consultation or the preparation of a Regulatory Impact Statement. The cancellation of the AD was authorised 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.
In terms of compliance and enforcement, failure to adhere to ADs could result in serious safety implications, as they are critical for ensuring the continuing airworthiness of aircraft. The specific offences, penalties, or consequences for non-compliance with ADs are not detailed in the provided text, but it is clear that such non-compliance could potentially lead to significant safety risks. The regulatory framework is designed to ensure that all parties involved, including aircraft manufacturers, operators, and regulatory authorities, adhere to the necessary safety standards to maintain the airworthiness of aircraft.