AD/PA-31/10 - Stall Strip - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and to establish a regulatory framework for civil aviation in Australia, empowers the Governor-General to make regulations under section 98 of the Act, which in turn supports the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products as per regulation 39.001. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003. The issuance of these directives aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have respective responsibilities for the continuing airworthiness of aircraft types. CASA, acting on behalf of Australia's obligations under the Convention, has recently cancelled AD/PA-31/10 for Piper PA-31 aircraft, effective from 31 July 2008, without necessitating a replacement directive or public consultation.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, acting in accordance with the overarching mandate provided by section 98 of the Civil Aviation Act 1988. These airworthiness directives are legislative instruments that serve to ensure the safety of air navigation, as mandated by Annex 8 of the Convention on International Civil Aviation. The issuing of such directives is a responsibility borne by the State of Design, which must provide necessary information to ensure continuing airworthiness to the appropriate States of Registry. In Australia, CASA has the authority to issue these directives and, as evidenced by the recent cancellation of AD/PA-31/10 affecting Piper PA-31 aircraft, can revoke them in line with international obligations. This cancellation, effective from 31 July 2008, does not necessitate a replacement directive and was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the Civil Aviation Act. Notably, no public consultation or regulatory impact statement is required for these directives, as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for the regulation of civil aviation safety in Australia, with a particular focus on the issuing of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the power to make regulations in the interest of safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This process is in line with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. The obligations imposed by these regulations are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA acts on behalf of the State of Registry and has the authority to issue ADs, as outlined in regulation 39.001. CASA has the responsibility to monitor and ensure that aircraft remain airworthy, which includes the issuance, review, and cancellation of ADs as circumstances warrant. In terms of legal consequences, the issuance of ADs is a legislative instrument under the Legislative Instruments Act 2003. While ADs do not require a Regulatory Impact Statement, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Any failure to comply with an AD could potentially result in serious safety issues, and while specific penalties for non-compliance with ADs are not detailed in the provided text, breaches of civil aviation safety regulations can lead to significant penalties under the Civil Aviation Act 1988. These may include substantial fines or imprisonment, depending on the severity of the breach and its impact on aviation safety.