AD/PA-32/16 - Control Wheel Retaining Pin - Modification - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to establish a regulatory framework for the safety and efficiency of civil aviation in Australia, allows the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that address specific safety concerns for certain types of aircraft or aeronautical products. The policy objective of these regulations is to ensure that aircraft maintain their airworthiness and comply with safety standards, thereby protecting public safety and facilitating international cooperation in aviation safety. In compliance with Australia’s obligations under the Convention on International Civil Aviation, CASA issued an airworthiness directive (AD/PA-32/16) concerning Piper PA-32 aircraft, which has since been reviewed and subsequently cancelled. This cancellation, which takes effect on 25 September 2008, aligns with international standards and does not necessitate a replacement AD. Given the nature of the cancellation as fulfilling international obligations, no public consultation or Regulatory Impact Statement was required. The directive was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation and are applicable to the entities and individuals involved in the design, manufacture, and operation of aircraft within Australia. The scope of these regulations is extensive, covering all aircraft registered in Australia and their components, as well as the personnel and entities engaged in the aviation industry. Geographically, these regulations apply nationally, ensuring a consistent standard of airworthiness across the Commonwealth. Notably, ADs are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance and cancellation of ADs are closely aligned with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which mandates that the State of Design must provide necessary information to ensure continuing airworthiness, and the State of Registry must adopt appropriate measures to maintain it. The cancellation of a specific AD, such as AD/PA-32/16 affecting Piper PA-32 aircraft, reflects Australia's adherence to these international obligations, thereby obviating the need for public consultation or a Regulatory Impact Statement. The AD in question was cancelled by CASA and will become effective on 25 September 2008, with no replacement AD required.

Key Provisions

The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives serve to ensure the continuing safety of aircraft types and aeronautical products. An AD is a legislative instrument (Legislative Instruments Act 2003, section 6) and is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Such directives are crucial for maintaining the airworthiness of aircraft, aligning with international standards as set out in Annex 8 of the Convention on International Civil Aviation. The State of Design of an aircraft type holds primary responsibility for ensuring the aircraft's ongoing airworthiness, while the State of Registry must implement and enforce measures to maintain this airworthiness. The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for CASA to issue ADs that comply with international standards. The State of Design must provide all necessary information to the State of Registry to ensure that the aircraft remains airworthy. CASA, as the regulatory body, must review and, if necessary, cancel ADs when they are no longer needed or when they conflict with international obligations. In the specific case of AD/PA-32/16 affecting Piper PA-32 aircraft, CASA has reviewed and subsequently cancelled the directive, which will take effect on 25 September 2008. Importantly, no replacement AD is required following this cancellation. The cancellation of AD/PA-32/16 was conducted in accordance with Australia's international obligations under the Convention on International Civil Aviation. This process did not require consultation with the Australian public, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The directive was issued by the Manager, Airframes, in the Airworthiness Engineering Group, on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988. The legal implications of failing to comply with these ADs can include civil or criminal penalties, depending on the severity of the breach. The maximum penalties for non-compliance with ADs can vary, but they generally include substantial fines and, in more severe cases, imprisonment.