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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA raised AD/PA-31/37 Amendment 10 to correct an unsafe situation on Piper PA-31 series aircraft. This AD was issued to manage fatigue on the wing main spar lower cap and pressure cabin through mandatory retirement of the component. The State of Design for this type, the United States FAA, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has amended this AD to provide alleviation to the retirement requirement of paragraphs 1.a. and 2.a. by allowing a CASA Approved Damage Tolerance inspection program as an alternative. The amended AD, AD/PA-31/37 Amendment 11, will become effective on
2 February 2012. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the AD amendment provides alleviation to the retirement requirement of paragraphs 1.a. and 2.a. by allowing a CASA Approved Damage Tolerance inspection program as an alternative, and as such, reduces burden on industry.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations that support the Act's primary objective of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). In response to an identified unsafe situation on Piper PA-31 series aircraft, CASA issued Amendment 11 to AD/PA-31/37 to mandate the retirement of specific components to manage fatigue. Additionally, to alleviate industry burden, CASA amended the directive to allow a CASA Approved Damage Tolerance inspection program as an alternative to the mandatory retirement. The amendment was made without public consultation as it reduces industry burden but maintains safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, encompasses the regulatory framework for ensuring the safety of air navigation in Australia. Specifically, the Act empowers the Governor-General to establish regulations for air safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, issues ADs to address unsafe conditions identified in aircraft types registered in Australia, ensuring compliance with international safety standards. The ADs apply to all aircraft registered within Australia and are designed to mitigate safety risks by enforcing specific maintenance and operational requirements.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations in the interests of air safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the airworthiness of aircraft, and they are considered legislative instruments under the Acts Interpretation Act 1901. Furthermore, the State of Design for a particular aircraft type has a responsibility to provide information necessary for ensuring the continuing airworthiness of that type, which is then assessed and potentially mandated through ADs by the State of Registry, such as CASA in Australia.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly CASA, are obligated to issue ADs when necessary to address safety concerns. This includes evaluating information from the State of Design and determining whether it necessitates the issuance of an Australian AD. The State of Registry, including CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, ensuring compliance with both national and international standards as set out in Annex 8 to the Convention on International Civil Aviation. Additionally, the ADs themselves impose obligations on aircraft owners and operators to follow the directives issued to maintain the airworthiness of their aircraft.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. Civil penalties can include substantial fines, and in severe cases, criminal charges may be brought against individuals or entities responsible for non-compliance. The exact penalties can vary based on the severity of the breach and are determined in accordance with the regulatory provisions outlined in the Act and the Civil Aviation Safety Regulations 1998. The potential for such penalties underscores the importance of adhering to the ADs issued by CASA to maintain the highest standards of aviation safety.