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-31/12 affecting Piper PA-31 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to create regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Airworthiness directives are legislative instruments that are designed to maintain the continuing airworthiness of aircraft, as per international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 and the associated regulations work together to ensure that CASA, as the State of Registry, is responsible for the ongoing airworthiness of aircraft registered in Australia.
CASA has recently cancelled AD/PA-31/12, which affected Piper PA-31 aircraft, effective from 31 July 2008. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and requires them to provide necessary information to the States of Registry. Given this international obligation, there was no need for public consultation or a Regulatory Impact Statement for this cancellation. The decision to cancel the airworthiness directive was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework for regulating civil aviation in Australia, and under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that apply to specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards set forth to maintain airworthiness. These directives are applicable nationally and align with international standards set by the Convention on International Civil Aviation, particularly under Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning aircraft safety. The ADs serve as a primary means of communicating continuing airworthiness information across ICAO Contracting States, including Australia. The State of Registry, in this case CASA, is tasked with ensuring the airworthiness of individual aircraft, thereby necessitating the issuance and enforcement of ADs. The recent cancellation of AD/PA-31/12, which affected Piper PA-31 aircraft, exemplifies CASA's commitment to adhering to international obligations and maintaining the highest safety standards in civil aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Regulations authorises the Civil Aviation Safety Authority (CASA) 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 is thus considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on CASA and other entities include ensuring the continuing airworthiness of aircraft. As per Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, which is typically communicated through ADs. The State of Registry of an individual aircraft is responsible for ensuring its ongoing airworthiness, which involves developing or adopting relevant requirements. CASA, as the regulator, has the responsibility of issuing ADs to meet these obligations and ensure compliance with international standards.
In terms of civil and criminal consequences for non-compliance with ADs, the Act and Regulations do not explicitly state penalties. However, failure to comply with an AD can result in severe consequences, including the grounding of aircraft, which could lead to operational disruptions and safety risks. Additionally, non-compliance might result in enforcement actions by CASA, which could include fines, administrative penalties, or other corrective measures. While specific maximum penalties are not detailed in the Act or Regulations, the gravity of non-compliance with safety directives cannot be understated, as it directly affects the safety of air navigation.