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-31/20 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, 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 was enacted to establish and regulate the safety standards in the civil aviation industry, ensuring the safety of air navigation and the protection of the public. Under this Act, the Governor-General has the authority to create regulations aimed at maintaining air safety. The Civil Aviation Safety Regulations 1998 further detail these regulations, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the safety and airworthiness of aircraft and aeronautical products. The cancellation of AD/PA-31/20 for Piper PA-31 aircraft by CASA is an example of the Authority exercising its regulatory powers under the Act. This cancellation, effective from 31 July 2008, was made in compliance with Australia's obligations under the Convention on International Civil Aviation, and no replacement directive is deemed necessary. As this action aligns with international standards and does not require a Regulatory Impact Statement, it was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with a particular focus on the issuance of airworthiness directives (ADs). Under the authority granted by section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs that pertain to specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design of an aircraft type bears the primary responsibility for ensuring the aircraft's continuing airworthiness, while the State of Registry is tasked with implementing and enforcing the necessary requirements to maintain this airworthiness. In the case of Piper PA-31 aircraft, CASA issued AD/PA-31/20, which has now been cancelled due to Australia's obligations under the Convention on International Civil Aviation. This cancellation took effect on 31 July 2008, and no replacement AD has been deemed necessary. Given the international nature of these obligations, no consultation with the Australian public was conducted, and a Regulatory Impact Statement was not required. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These ADs are formal directives that mandate compliance with certain safety standards and procedures, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby qualifying as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is typically the country where the aircraft was originally designed, bears the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing all necessary information to the States of Registry, which are the countries where the aircraft are registered for operation. The State of Registry, in turn, must develop or adopt requirements to ensure that the aircraft remain airworthy throughout their operational life. CASA, acting on behalf of the Australian Government, issues ADs to enforce these requirements and ensure compliance with safety standards.
Failure to comply with the provisions of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, breaches may result in civil penalties, including fines. For instance, under section 94A, CASA can impose a penalty of up to $22,200 for each offence if the breach is not remedied within the specified timeframe. Additionally, non-compliance can lead to criminal penalties under section 94D, with potential fines of up to $222,000 for individuals and $1,110,000 for bodies corporate, depending on the severity and frequency of the breach. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.