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 and its predecessors issued AD/PA-31/118 Amendment 1 specifying periodic inspection for cracking of the ailerons in Piper PA-31 aircraft. AD/PA-31/118
Amdt 1 specifies instructions for performing the inspection but does not identify instructions for repairing any cracks found. CASA has decided to amend
AD/PA-31/118 Amendment 1 to identify acceptable sources of instructions for repairing cracks. The amendment, AD/PA-31/118 Amendment 2, 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 provide a comprehensive legal framework for the regulation of civil aviation within Australia. The Act was introduced to address the need for a unified legal structure governing all aspects of civil aviation, including aircraft registration, pilot licensing, and air traffic management, in order to ensure safety and efficiency in the sector. The Civil Aviation Act 1988 is administered by the Australian Parliament, and one of its primary policy objectives is to maintain and enhance the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 being a key instrument that allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments and play a crucial role in ensuring the continuing airworthiness of aircraft as per international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and they pertain to specific kinds of aircraft or aeronautical products. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design under Annex 8 to the Convention on International Civil Aviation, with the State of Registry ensuring the airworthiness of individual aircraft. The recent amendment to AD/PA-31/118 Amendment 1, now AD/PA-31/118 Amendment 2, exemplifies this regulatory process, specifying detailed inspection instructions for ailerons in Piper PA-31 aircraft and identifying acceptable repair instructions, effective from 12 February 2009. This AD, issued under Australia's international obligations and in response to a directive from the relevant State of Design, does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are section 98 and regulation 39.001, respectively. Section 98 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments as per the Legislative Instruments Act 2003.
The obligations imposed by these sections and regulations are primarily on CASA and the States of Registry. CASA, as the issuing authority, must ensure that ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and requires the State of Registry to develop or adopt requirements to maintain airworthiness. In the case of AD/PA-31/118 Amendment 2, CASA is responsible for specifying acceptable sources of repair instructions for ailerons in Piper PA-31 aircraft to ensure continued safety.
Under the Civil Aviation Safety Regulations 1998, any breach of an airworthiness directive can lead to significant legal consequences. Civil penalties can be imposed for non-compliance, including fines of up to $504,000 for individuals and $2,520,000 for corporations. In addition to financial penalties, non-compliance may also result in criminal charges, with individuals potentially facing imprisonment for up to five years. The severity of these penalties underscores the critical importance of adhering to ADs to maintain the safety of air navigation.