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-31/113 Amdt 1 affecting Piper PA-31P and PA-31T aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 July 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and establish a comprehensive regulatory framework for civil aviation. One of its key provisions allows the Governor-General to make regulations for the safety of air navigation, with specific regulations detailed in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. ADs are crucial for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility of providing necessary information to ensure airworthiness. CASA has the authority to issue, review, and, if necessary, cancel ADs to comply with international obligations and maintain safety standards. In this instance, CASA has cancelled AD/PA-31/113 Amdt 1 for Piper PA-31P and PA-31T aircraft, effective from 31 July 2008, without requiring public consultation due to its alignment with Australia's commitments under the Convention on International Civil Aviation. This decision was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for the enforcement and administration of these directives. These regulations apply to all aircraft and aeronautical products operating within Australia and are issued in the interest of air navigation safety. The authority to issue such directives is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. An AD is recognised as a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument as per the Legislative Instruments Act 2003. This legislative framework ensures that the ADs align with Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. The State of Registry, which is the country where an aircraft is registered, has a primary responsibility for the continuing airworthiness of individual aircraft, while the State of Design maintains overall responsibility for the airworthiness of an aircraft type. The issuance, amendment, or cancellation of ADs is conducted by CASA and is informed by international standards and practices, ensuring that all regulatory actions are in line with global aviation safety requirements.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 detail the process and authority for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Legislative Instruments Act 2003, and they must comply with Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft.
The obligations imposed by these regulations include the State of Design's duty to provide necessary information to ensure the airworthiness of aircraft types, and the State of Registry's responsibility to develop or adopt requirements for the continuing airworthiness of individual aircraft. CASA, acting on behalf of the State of Registry in Australia, has the authority to issue ADs and, as demonstrated in AD/PA-31/113 Amdt 1, to review and subsequently cancel them when necessary. In this instance, CASA has cancelled AD/PA-31/113 Amdt 1 affecting Piper PA-31P and PA-31T aircraft, with the cancellation taking effect on 31 July 2008.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various penalties and consequences. Civil penalties may be imposed for non-compliance with ADs, including fines up to a specified amount for individuals and corporations. Additionally, criminal penalties can apply, including fines of up to a higher amount and imprisonment for more serious breaches. The exact penalties depend on the nature and severity of the offence, but the regulations provide a clear framework for enforcing compliance and ensuring the safety of air navigation.