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-31/22 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 provide a legal framework for ensuring the safety of air navigation in Australia. It empowers the Governor-General to make regulations for this purpose, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901. The objective of ADs is to ensure the continuing airworthiness of aircraft, a responsibility that lies with both the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. In this context, CASA issued and subsequently cancelled AD/PA-31/22 for Piper PA-31 aircraft, effective from 31 July 2008, without requiring public consultation or a Regulatory Impact Statement, as mandated by Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain aircraft or aeronautical products. These ADs are legislative instruments that play a crucial role in ensuring the continuing airworthiness of aircraft in Australia and align with the international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds overarching responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case, Australia, is responsible for ensuring the airworthiness of individual aircraft within its jurisdiction. In accordance with these regulations, CASA issued AD/PA-31/22 concerning Piper PA-31 aircraft, which has now been reviewed and subsequently cancelled. This cancellation, driven by Australia's adherence to ICAO obligations, will take effect from 31 July 2008, with no replacement AD deemed necessary. The cancellation process did not require public consultation, and a Regulatory Impact Statement was not mandated by the Office of Best Practice Regulation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in line with the Civil Aviation Act 1988.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations that are in the interest of the safety of air navigation (section 98). In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (regulation 39.001). An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). These directives are integral to maintaining the continuing airworthiness of aircraft types, in accordance with Annex 8 of the Convention on International Civil Aviation.
The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must supply necessary information to the States of Registry to support this. The State of Registry is also obligated to develop or adopt requirements that ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In the context of Australia, CASA has the authority to issue and manage these ADs, as seen in the issuance of AD/PA-31/22 for Piper PA-31 aircraft. Recently, CASA reviewed and subsequently cancelled this specific AD, with the cancellation set to become effective on 31 July 2008. This cancellation does not necessitate a replacement AD.
Compliance with these provisions entails several obligations for the entities involved. CASA, as the issuing authority, must ensure that any ADs issued are aligned with international standards and are necessary for maintaining safety. The State of Registry must enforce these directives and ensure that aircraft comply with the specified requirements. Furthermore, aircraft owners and operators must adhere to the ADs applicable to their aircraft, which may include performing specific inspections, maintenance, or modifications as directed.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such offences may attract penalties as stipulated in the Act, which can include substantial fines. Additionally, in cases where non-compliance leads to an accident or incident, the consequences can be severe, potentially resulting in both criminal charges and civil liabilities. The exact penalties are outlined in the relevant sections of the Act and can vary based on the severity and circumstances of the non-compliance.