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-31/99 Amdt 1 affecting Piper PA-31T, T1 and T3 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 ensuring the safety of air navigation in Australia. In accordance with this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These directives, as specified under regulation 39.001, serve as a regulatory tool to maintain the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA), as the administering body, issues ADs to ensure compliance with safety standards and international obligations, particularly those under Annex 8 of the Convention on International Civil Aviation. Given the nature of ADs as legislative instruments, they are subject to disallowance and scrutiny as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The cancellation of specific ADs, such as AD/PA-31/99 Amdt 1 for Piper PA-31T, T1, and T3 aircraft, reflects CASA's commitment to adhering to international aviation standards and maintaining the highest safety benchmarks.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia and their respective operators, ensuring adherence to stringent safety standards as dictated by the Civil Aviation Safety Regulations. These regulations, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are designed to maintain and enforce the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The responsibility for ensuring airworthiness falls on the State of Registry, which must adopt or develop requisite measures to meet these standards. Notably, the application of these regulations extends to the issuance and subsequent cancellation of specific ADs, such as AD/PA-31/99 Amdt 1 for Piper PA-31T, T1, and T3 aircraft, reflecting Australia's commitment to international aviation safety obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework within which the Civil Aviation Safety Authority (CASA) operates, particularly in the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Furthermore, under Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft.
The obligations imposed by these regulations and the Convention on International Civil Aviation require CASA to ensure that ADs are issued in accordance with Australia's international obligations, particularly those related to the continuing airworthiness of aircraft. This involves CASA working closely with the State of Design and the State of Registry to maintain safety standards. CASA must also ensure that ADs are consistent with international standards and practices, which are outlined in Annex 8 of the Convention. Additionally, CASA must ensure that any AD issued is clear, enforceable, and provides adequate guidance to ensure the safe operation of the aircraft in question. These obligations also encompass the review and cancellation of ADs when necessary, as seen in the case of AD/PA-31/99 Amdt 1, which was cancelled due to Australia's obligations under the Convention.
There are specific consequences for breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the text does not detail specific offences or penalties, the issuance of ADs and their enforceability implies that non-compliance could result in legal repercussions. Given that ADs are legislative instruments, failure to adhere to them could lead to civil or criminal penalties, depending on the nature and severity of the breach. Although the exact penalties are not specified in the provided text, they could include fines, imprisonment, or both, depending on the regulatory context and any applicable laws. The seriousness of non-compliance with ADs is underscored by the need to maintain the highest safety standards in air navigation.