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-31/34 affecting Piper PA-31-350 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, is the principal legislation governing civil aviation in Australia, aiming to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as regulations under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft and aeronautical products, in line with international obligations under the Convention on International Civil Aviation. Specifically, the State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. The Civil Aviation Safety Regulations 1998 allow CASA to issue such directives, which are typically the means through which continuing airworthiness information is disseminated. In this context, CASA has recently cancelled AD/PA-31/34 concerning Piper PA-31-350 aircraft, effective from 31 July 2008, without requiring a replacement directive due to Australia's international obligations. This cancellation was executed in accordance with the Act and did not necessitate public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These regulations, which are legislative instruments under the Acts Interpretation Act 1901, mandate that the State of Design maintains overall responsibility for the continuing airworthiness of aircraft types, ensuring that necessary information is provided to the States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft, in line with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. An example of CASA's regulatory actions includes the issuance and subsequent cancellation of AD/PA-31/34 affecting Piper PA-31-350 aircraft, which was cancelled due to Australia's international obligations and took effect on 31 July 2008, without necessitating a replacement AD. Given that this cancellation was a direct consequence of international commitments, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued 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.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, as referenced in regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003 (sections 39.001(5), 6). According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure it meets airworthiness standards. Similarly, the State of Registry, which in this context is Australia, is responsible for the continuing airworthiness of individual aircraft and must implement or adopt appropriate requirements to maintain these standards.
The obligations imposed by these regulations on the relevant parties include ensuring compliance with ADs issued by CASA. For the State of Registry, this involves developing or adopting measures that meet the continuing airworthiness standards set by Annex 8. Aircraft operators and owners must adhere to these ADs, which may include mandatory inspections, repairs, or modifications to maintain the airworthiness of their aircraft. CASA's role is to monitor compliance and take appropriate actions to enforce these standards, ensuring that all regulated aircraft meet the necessary safety criteria.
Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Civil penalties may be imposed for non-compliance with ADs, which can include substantial fines. Additionally, criminal penalties may apply for more serious violations, potentially resulting in imprisonment. The specific penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the ADs and maintaining the airworthiness of aircraft. Failure to comply with these regulations not only risks safety but also legal repercussions that can have significant financial and legal implications.