AD/PA-31/110 Amdt 3 - Emergency Electrical Fuel Pumps - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation and ensure the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act and the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were introduced under section 98 of the Civil Aviation Act 1988, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, as per regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The objective of issuing ADs is to maintain the continuing airworthiness of aircraft in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for airworthiness on the State of Design and the State of Registry. In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for aircraft and aeronautical products. In this instance, CASA issued AD/PA-31/110 Amdt 3 affecting Piper PA-31 aircraft. After reviewing this AD, CASA has decided to cancel it, with the cancellation becoming effective on 31 July 2008. The cancellation of this AD is a result of Australia's obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public has taken place. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.

Scope and Application

The Civil Aviation Act 1988 applies to any person or entity involved in the civil aviation industry within Australia, including aircraft manufacturers, operators, and maintenance providers. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as a means of ensuring the continuing airworthiness of aircraft. These directives apply to specific kinds of aircraft or aeronautical products and are considered legislative instruments under the Acts Interpretation Act 1901. While the ADs are formulated in Australia, they must align with the continuing airworthiness requirements set by the Convention on International Civil Aviation, particularly with the State of Design and the State of Registry of the aircraft. In the case of the AD/PA-31/110 Amdt 3 affecting Piper PA-31 aircraft, CASA issued the directive and subsequently cancelled it, effective from 31 July 2008, due to obligations under the Convention. Given the international obligations and the nature of the ADs as technical instruments, there was no requirement for public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to enact regulations in the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs serve as critical instruments for ensuring the continuing airworthiness of aircraft, a responsibility that primarily falls upon the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide all necessary information to the States of Registry to maintain airworthiness standards. Similarly, the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. CASA has issued and subsequently cancelled AD/PA-31/110 Amdt 3 for Piper PA-31 aircraft, with the cancellation becoming effective on 31 July 2008. This action was taken in compliance with Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is deemed necessary. The obligations imposed by the ADs on the parties or entities they govern include ensuring that all aircraft meet the specified airworthiness standards. For instance, operators of Piper PA-31 aircraft must comply with the requirements outlined in AD/PA-31/110 Amdt 3 until its cancellation. CASA's role is to monitor and enforce compliance with these ADs, ensuring that all aircraft within Australia's jurisdiction maintain the highest safety standards. The cancellation of AD/PA-31/110 Amdt 3, while removing a specific regulatory requirement, does not exempt aircraft operators from their ongoing obligation to ensure their aircraft remain airworthy. The consequences of breaching the requirements set forth in ADs can be severe. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in significant penalties. The Act provides for both civil and criminal penalties, with the specific consequences depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties may involve imprisonment. The exact penalties are not detailed in the text but are governed by the broader legislative framework that encompasses the Civil Aviation Act 1988 and related regulations. Ensuring compliance with ADs is therefore crucial for all stakeholders involved in the operation of aircraft in Australia.