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-31/32 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, enacted by the Australian Parliament, governs the safety and regulation of civil aviation within Australia. This legislation aims to ensure the safety of air navigation and the continued airworthiness of aircraft within the country. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to maintain and enforce safety standards. The Civil Aviation Safety Regulations 1998 further delineate the process and scope for such directives, with ADs being recognised as disallowable instruments under the Acts Interpretation Act 1901. The cancellation of AD/PA-31/32, which affected Piper PA-31 aircraft, exemplifies CASA's commitment to aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8. The cancellation, effective from 31 July 2008, does not necessitate a replacement directive and has been carried out in accordance with the legislative framework established by the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft in accordance with international standards. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to maintain safety in air navigation as mandated by the Civil Aviation Act 1988. The State of Registry, which in the case of Australia is CASA, has the responsibility to ensure the ongoing airworthiness of individual aircraft by developing or adopting requisite requirements. This legislative framework applies to all aircraft registered in Australia, as well as to any aeronautical products used within its jurisdiction. The application of these regulations is not limited by geographic boundaries within Australia, extending to all Commonwealth territories and aligning with international standards set by the Convention on International Civil Aviation. However, specific exclusions or exemptions from these regulations are not detailed in the text provided, although it is noted that no public consultation was necessary for the cancellation of a particular AD due to international obligations, and it was determined that no Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, ensuring compliance with airworthiness standards and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 grants the Governor-General the authority to create such regulations for the safety of air navigation, and these ADs are integral in maintaining the continuing airworthiness of aircraft types.
Under these regulations, CASA is tasked with issuing ADs to maintain the safety and airworthiness of aircraft within Australia. The obligations imposed on CASA include ensuring that these ADs are in line with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. Furthermore, the State of Registry, in this case CASA, must ensure the ongoing airworthiness of individual aircraft. This involves developing or adopting necessary requirements and ensuring that all ADs are issued in accordance with relevant legislation, including subsection 84A(2) of the Civil Aviation Act 1988.
Breaches of these obligations or non-compliance with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD may be considered an offence, potentially resulting in civil or criminal penalties. While the specific penalties are not detailed in the provided text, breaches of airworthiness regulations generally attract significant fines and possible imprisonment for individuals, alongside potential penalties for the entities involved. These consequences underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.