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-31/70 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, enacted by the Commonwealth Parliament, provides the legal framework for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, 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 considered legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 addresses the gap in regulatory oversight by providing a structured approach to ensuring aircraft remain safe and airworthy throughout their operational life. The policy objective is to align with international standards and obligations, thereby enhancing the safety of civil aviation within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to all individuals and entities involved in the civil aviation industry in Australia. This includes aircraft manufacturers, operators, maintenance providers, and other relevant stakeholders. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs are legislative instruments that pertain to specific types of aircraft or aeronautical products, and are issued in accordance with international standards set by the Convention on International Civil Aviation. Notably, the Act allows for the cancellation of ADs, as demonstrated in the case of AD/PA-31/70 affecting Piper PA-31 aircraft, which CASA has cancelled due to Australia’s obligations under the Convention. This cancellation, effective from 31 July 2008, does not necessitate public consultation or a Regulatory Impact Statement. Instead, the cancellation process is overseen by the Manager, Airframes, within CASA’s Airworthiness Engineering Branch, under the authority granted by the Act.
Key Provisions
The key operative sections of the Civil Aviation (Airworthiness Directives) Regulations 1998 involve the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 39.001 allows CASA to issue these directives for certain types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that the directives are issued with the authority and oversight required for maintaining aviation safety standards.
The obligations imposed by the Act on parties or entities governed by the Civil Aviation Safety Regulations 1998 include adherence to the ADs issued by CASA. States of Design and States of Registry both have specific responsibilities under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft. CASA, as the regulatory authority, reviews and issues ADs, ensuring compliance with international standards and domestic regulations.
Failure to comply with the ADs can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with ADs generally results in civil or criminal penalties. These penalties can include fines or other sanctions, reflecting the importance of adhering to safety directives to maintain air navigation safety. The maximum penalties, however, are not specified in the text but would typically be outlined in the relevant sections of the Civil Aviation Act 1988 and related regulations.
In the specific case of AD/PA-31/70 affecting Piper PA-31 aircraft, CASA has reviewed and decided to cancel this AD, effective from 31 July 2008. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. The cancellation process did not involve public consultation as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring proper regulatory procedure was followed.