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-31/75 affecting Piper PA-31T 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, aims to ensure the safety and efficiency of civil aviation within Australia. Under this Act, the Governor-General is empowered to make regulations, including those for airworthiness directives, in the interests of aviation safety. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry in accordance with the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further define the role of the Civil Aviation Safety Authority (CASA) in issuing airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. The cancellation of AD/PA-31/75, affecting Piper PA-31T aircraft, by CASA reflects the dynamic nature of aviation safety regulations, aligning with international obligations and ensuring compliance with the Convention on International Civil Aviation. This action, taken without public consultation due to its technical nature, was deemed unnecessary for a Regulatory Impact Statement by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as a means to ensure the safety of air navigation. These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. They serve as a mechanism for the State of Registry to uphold the continuing airworthiness of individual aircraft, in line with international standards set by the Convention on International Civil Aviation. The State of Design also has a role in ensuring that necessary information is provided to maintain airworthiness. The ADs are typically used to communicate continuing airworthiness information, and their issuance is a common practice among ICAO Contracting States. This particular AD, affecting Piper PA-31T aircraft, was cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement, and will cease to be effective on 31 July 2008.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that ensure the safety of air navigation, and these regulations can be used to establish standards and procedures that are critical to maintaining aviation safety. One such regulation is 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework underscores the importance of ADs in maintaining the safety and airworthiness of aircraft.
The obligations imposed by the Act on CASA and other relevant parties are significant. CASA, as the regulatory authority, must ensure that ADs are issued to maintain the airworthiness of aircraft types and aeronautical products. This involves rigorous oversight and the dissemination of necessary information to maintain safety standards. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide all relevant information to the States of Registry to ensure the continuing airworthiness of the aircraft. The State of Registry, on the other hand, must develop or adopt requirements to ensure that each individual aircraft remains airworthy. This collaborative responsibility between the State of Design and the State of Registry is critical to the overall safety of civil aviation.
Breaches of these obligations can lead to severe consequences. If CASA fails to issue necessary ADs or if the State of Design or State of Registry does not comply with their respective responsibilities, it could result in significant safety risks. Although specific penalties are not detailed in the provided text, breaches of aviation safety regulations can typically lead to civil or criminal penalties, including fines and potential imprisonment. The consequences of such breaches can also extend to the airline industry, potentially affecting flight operations and leading to financial losses.
In the context of the specific AD/PA-31/75, which affected Piper PA-31T aircraft, CASA has cancelled this directive due to Australia's obligations under the Convention on International Civil Aviation. This cancellation is effective as of 31 July 2008, and no replacement AD is required. Given the nature of this legislative action, no consultation with the Australian public was necessary, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was 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, ensuring that the decision was made within the proper legal and regulatory framework.