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-31/95 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 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of safety, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design and the State of Registry collaborate to ensure aircraft safety. The Civil Aviation Safety Regulations 1998 further support these provisions, with ADs classified as disallowable instruments under the Acts Interpretation Act 1901. The cancellation of AD/PA-31/95 for Piper PA-31 aircraft, effective from 31 July 2008, was executed by CASA in accordance with the Civil Aviation Act 1988, reflecting Australia's commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation applies to the entities responsible for ensuring the continuing airworthiness of aircraft, including aircraft manufacturers and operators, as well as the State of Registry for individual aircraft. ADs, which are legislative instruments, serve as crucial tools in maintaining the safety standards of aircraft in Australia and are issued under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are in compliance with the requirements set out in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. CASA has the responsibility to develop or adopt requirements ensuring the continuing airworthiness of aircraft, with the State of Registry holding a critical role in this regard. The issuance, review, and cancellation of ADs, as exemplified by the cancellation of AD/PA-31/95 affecting Piper PA-31 aircraft, are subject to international obligations and CASA's internal procedures, which may extend or restrict their application through subordinate instruments.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that are essential for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that play a crucial role in ensuring the continuing airworthiness of aircraft types, as mandated under Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by the Act and the Regulations are primarily directed towards ensuring the safety and airworthiness of aircraft. The State of Design is tasked with the responsibility of maintaining the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In turn, the State of Registry, which in this context is represented by CASA, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes the issuance of ADs, which are integral to fulfilling these obligations and ensuring compliance with international standards.
In terms of consequences for non-compliance, the Act and the Regulations do not explicitly detail specific offences, penalties, or consequences for breach of ADs. However, given that ADs are legislative instruments made under the authority of the Civil Aviation Act 1988, non-compliance with these directives could potentially result in civil or criminal penalties under other sections of the Act, which may include fines or imprisonment. The precise penalties would depend on the specific nature and severity of the breach, as well as any additional legislation that may apply. Furthermore, the cancellation of an AD, as in the case of AD/PA-31/95, reflects Australia's adherence to international obligations and does not involve public consultation or a Regulatory Impact Statement.