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-32/2 affecting Piper PA-32-260 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. In the context of this legislation, the Civil Aviation Safety Regulations 1998 were established to support the Act by detailing specific safety requirements and procedures. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act's purposes, particularly concerning air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism ensures the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The AD in question, affecting Piper PA-32-260 aircraft, was issued by CASA and subsequently cancelled due to Australia’s obligations under the Convention, which did not necessitate public consultation or a Regulatory Impact Statement. The cancellation of the AD became effective on 25 September 2008, with no replacement AD required.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which airworthiness directives (ADs) are issued and enforced in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for types of aircraft or aeronautical products. These directives, as legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft types, aligning with Australia’s obligations under the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for aircraft safety. In this instance, CASA issued and subsequently cancelled an AD for Piper PA-32-260 aircraft, reflecting its commitment to international safety standards without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
CASA, acting under the authority granted by these regulations, issued AD/PA-32/2, which affected Piper PA-32-260 aircraft. This AD has since been reviewed and subsequently cancelled by CASA. The cancellation will take effect on 25 September 2008, and no replacement AD is deemed necessary. The decision to cancel this AD was influenced by Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. Given these obligations, no public consultation on the AD cancellation was conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. This includes compliance with the AD/PA-32/2 which, until its cancellation, mandated specific safety measures for Piper PA-32-260 aircraft. The State of Registry, in this case, CASA, has the responsibility to ensure that all aircraft within its jurisdiction maintain their airworthiness in accordance with the ADs and other applicable regulations. Furthermore, the State of Design has a concurrent obligation to provide necessary information to ensure the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including the requirements of an AD, can lead to civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the discretion of the relevant authorities. For instance, operating an aircraft that does not comply with an AD could result in significant fines or imprisonment, depending on the severity and intent of the breach. The AD cancellation itself, however, does not introduce new offences or penalties, but rather adjusts the regulatory landscape to align with international obligations and safety standards.