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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA and its predecessors issued AD/PA-30/23 Amdt 2 specifying replacement of components, or alternatively a periodic inspection of those components, in Piper
PA-30 and PA-39 aircraft. AD/PA-30/23 Amdt 2 is intended to match AD 74-13-03 issued for the Piper PA-30 and PA-39 in the USA, the State of Design of the Piper PA-30 and PA-39. CASA has reviewed AD/PA-30/23 Amdt 2 and has decided to amend it to more closely match AD 74-13-03. The amendment, AD/PA-30/23
Amdt 3, will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting 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 was enacted to regulate civil aviation in Australia and to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that support the Act's objectives, including the issuance of airworthiness directives through the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as the national airworthiness authority, issues these directives in response to those issued by the aircraft's State of Design, ensuring compliance with international safety standards. The policy objective is to uphold the highest safety standards in Australian civil aviation, aligning with international obligations and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific maintenance and operational requirements for particular aircraft types or aeronautical products to ensure their continued airworthiness. These ADs are applicable to all aircraft registered in Australia and to any entities, such as airlines or maintenance organisations, operating these aircraft within Australia’s jurisdiction. The geographic scope of these regulations is national, as they apply to all aircraft registered in Australia and their operations within the country. However, the issuance of ADs is closely aligned with international obligations under the Convention on International Civil Aviation, necessitating adherence to directives from the State of Design. This AD, which pertains to the replacement or inspection of specific components in Piper PA-30 and PA-39 aircraft, is an example of this international alignment. The AD is a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. As these directives are issued in response to international requirements, they do not necessitate public consultation or a Regulatory Impact Statement, though they are meticulously reviewed and aligned with international standards to ensure safety and compliance.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) (sections 98 and 39.001). These directives are legislative instruments (subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003) designed to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft registered within their jurisdiction (Annex 8). When an AD is issued by the State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the design state’s requirements.
The obligations imposed by the ADs are stringent and revolve around the requirement for compliance with the airworthiness standards set forth by the State of Design and implemented by CASA. Operators of the affected aircraft must follow the ADs to the letter, ensuring that any specified component replacements or inspections are conducted within the stipulated timeframes. CASA’s AD/PA-30/23 Amdt 3, which becomes effective on 12 February 2009, requires operators of Piper PA-30 and PA-39 aircraft to replace certain components or conduct periodic inspections to match the requirements of the corresponding US AD 74-13-03. Failure to comply with these directives can result in severe penalties, as the directives are crucial for maintaining the safety standards of the aircraft.
Any breaches of the ADs can lead to severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines and potential prosecution. The exact penalties for breaches are not explicitly detailed in the provided text, but under general aviation regulations, civil penalties can include substantial fines, while criminal penalties can include imprisonment. Operators found in violation of the ADs may face not only financial penalties but also operational restrictions, which could impact their ability to continue operating the affected aircraft. Given the critical nature of airworthiness directives, CASA enforces these directives rigorously to ensure compliance and uphold the highest safety standards in aviation.