AD/PA-32/15 Amdt 2 - Rudder Trim Arm Assembly Cracking - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, and to implement the obligations of Australia under the Convention on International Civil Aviation. This Act was established to provide a legislative framework governing the regulation of civil aviation activities, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the regulatory requirements for ensuring the safety of air navigation. In particular, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. The objective of these directives is to maintain the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA, as the regulator, plays a crucial role in ensuring compliance with these directives, thereby safeguarding the safety of air navigation within Australia.

Scope and Application

The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These airworthiness directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. These directives are integral to ensuring the continuing airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such airworthiness on the State of Design and the State of Registry. The State of Registry, in this case CASA, must implement measures to maintain the airworthiness of individual aircraft. An example of this regulatory function was the issuance and subsequent cancellation of AD/PA-32/15 Amdt 2 concerning Piper PA-32 aircraft, reflecting Australia’s adherence to international obligations and the practical management of aviation safety standards. The cancellation of this directive, which became effective on 25 September 2008, was conducted without public consultation due to its alignment with international aviation protocols, and it did not necessitate a Regulatory Impact Statement.

Key Provisions

The key operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (s 98). Under this authority, 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 (reg 39.001). Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument, and thus a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (subreg 39.001(5)). These provisions impose specific obligations on CASA, as the entity responsible for issuing ADs, to ensure the continuing airworthiness of aircraft within Australia. CASA must act in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. The State of Registry is also responsible for the continuing airworthiness of individual aircraft. CASA's role includes reviewing and, if necessary, cancelling ADs, as demonstrated by the cancellation of AD/PA-32/15 Amdt 2 affecting Piper PA-32 aircraft. This action was taken due to Australia's obligations under the Convention on International Civil Aviation, and it will become effective on 25 September 2008 without the need for a replacement AD. There are specific civil and criminal consequences for breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the AD in question has been cancelled without the need for consultation or a Regulatory Impact Statement, any failure to comply with an AD could result in significant penalties. The Civil Aviation Act 1988 provides for civil penalties, including fines, for non-compliance with airworthiness directives. Additionally, the Act may carry criminal penalties for serious breaches that result in significant harm or endanger safety. The exact penalties depend on the severity of the breach and are determined in accordance with the applicable sections of the Act and related regulations.