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-30/22 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, Airframes and Structures 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 Parliament of Australia, serves to regulate civil aviation within the country, with a primary focus on ensuring the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are recognised internationally as per Annex 8 to the Convention on International Civil Aviation. The objective of ADs is to ensure the continuing airworthiness of aircraft, aligning with the obligations of the State of Design and the State of Registry. In a recent development, CASA reviewed and subsequently cancelled AD/PA-30/22 concerning Piper PA-30 aircraft, effective 18 December 2008, without issuing a replacement, in compliance with international obligations. This cancellation was made without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are subsidiary legislation under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to ensure the ongoing airworthiness of aircraft, a responsibility mandated by Annex 8 to the Convention on International Civil Aviation. This regulation applies to aircraft registered within Australia, and the ADs are critical in ensuring compliance with international safety standards. The ADs are issued by the State of Registry, in this case, CASA, and they are intended to maintain safety and operational standards in line with both national and international obligations. Notably, while ADs are legislative instruments, the specific AD/PA-30/22 affecting Piper PA-30 aircraft has been cancelled by CASA, effective from 18 December 2008, without requiring public consultation or a Regulatory Impact Statement, as per the legislative requirements and obligations under the Convention.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to issue ADs to ensure the continuing airworthiness of aircraft types and aeronautical products within Australia. The State of Design, which is the country where the aircraft or aeronautical product is designed, is responsible for providing information necessary to maintain airworthiness, while the State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This division of responsibility is in line with Annex 8 to the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also establish that ADs are the most common form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia. CASA, on behalf of Australia, has the authority to issue such ADs to comply with international obligations and to maintain safety standards within Australia. For instance, CASA has previously issued AD/PA-30/22 concerning Piper PA-30 aircraft, which has since been cancelled and will become effective on 18 December 2008, with no replacement AD required.
Regarding the cancellation of AD/PA-30/22, it was done in accordance with Australia's obligations under the Convention on International Civil Aviation. Consequently, there was no consultation with the Australian public on this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in civil or criminal penalties, depending on the nature and severity of the offence. For example, non-compliance with ADs can lead to fines and potential criminal charges for operators who fail to adhere to the mandated safety standards. The specific penalties can vary, but they are intended to ensure that air navigation safety is upheld and that all parties comply with the regulatory requirements designed to protect public safety.