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-30/27 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 provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Section 98 of this Act allows the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, as specified by the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft types, in accordance with Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility for airworthiness on the State of Design and the State of Registry of an aircraft. The cancellation of a specific airworthiness directive affecting Piper PA-30 aircraft by CASA reflects Australia’s adherence to international obligations, and as such, no public consultation or Regulatory Impact Statement was required. The AD cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in line with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) which are intended to ensure the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to maintain airworthiness standards. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The ADs are rooted in the principles set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness and mandates the provision of necessary information to States of Registry. The State of Registry, in turn, must implement or adopt requirements to ensure the continuing airworthiness of the aircraft. In the specific case of the AD affecting Piper PA-30 aircraft, CASA has issued a cancellation notice effective from 18 December 2008, which aligns with Australia's obligations under the Convention. This cancellation was made without public consultation, and the Office of Best Practice Regulation has confirmed that no Regulatory Impact Statement is required for such ADs.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 provide the authority for CASA to issue airworthiness directives (ADs) under regulation 39.001, which are legislative instruments as defined by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and subsequently the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry bear primary responsibilities for maintaining airworthiness, and ADs are a common mechanism for communicating necessary safety information.
Under this regulatory framework, CASA is tasked with issuing ADs that align with Australia’s obligations under international aviation agreements. These ADs are issued to address specific safety issues or maintenance requirements for particular types of aircraft. The State of Registry is responsible for implementing these directives to ensure that individual aircraft meet the necessary safety standards. The Civil Aviation Act 1988 grants CASA the authority to cancel ADs, which was exercised in the case of AD/PA-30/27 affecting Piper PA-30 aircraft. The cancellation of this AD, effective from 18 December 2008, reflects the completion of Australia’s obligations under the Convention on International Civil Aviation.
Entities and individuals governed by the Civil Aviation Safety Regulations 1998 must comply with the ADs issued by CASA. This includes aircraft operators, maintenance organisations, and other stakeholders within the aviation industry. They must ensure that the required actions or inspections outlined in the ADs are carried out on their aircraft. Failure to comply with these directives can result in non-compliance with international airworthiness standards, potentially leading to safety risks and operational disruptions. CASA’s authority to issue and cancel ADs ensures that the necessary safety measures are implemented and maintained.
Failure to comply with an airworthiness directive can result in significant legal consequences. Under section 324 of the Civil Aviation Act 1988, the maximum penalty for non-compliance with a safety regulation, such as an AD, is $1,650,000 for a corporation and 2,000 penalty units for an individual. In addition to financial penalties, non-compliance can lead to aircraft being grounded or denied entry into Australian airspace, which can have severe operational and financial repercussions for the operators involved. The strict enforcement of these regulations is crucial to maintaining the high safety standards required in the aviation industry.