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. When a State of Design issues an AD against a type of aircraft on the Australian Register, or likely to be on the Australian register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In 1972 Piper Aircraft Corporation issued Service Letter No. 600 applying periodic inspections to PA-32 Cherokee Six airplanes. The USA Federal Aviation Administration issued AD 72-08-06 to mandate SL No. 600. The USA is the State of Design of the Piper PA-32 Cherokee Six airplane. Australian AD/PA-32/24 and Amendment 1 were subsequently issued to mandate SL No. 600. In 2009, Piper Aircraft Corporation issued Mandatory Service Bulletin No. 1199 to supersede SL No. 600 in its entirety. CASA has decided to amend AD/PA-32/24 to Amendment 2 to delete reference to SL No. 600 and replace it with reference to MSB No. 1199. AD/PA-32/24 Amdt 2 will become effective on 13 May 2011.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety and operational standards in the aviation industry. The Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, ensuring the overall safety and efficiency of the aviation sector. One such regulation is the issuance of airworthiness directives, which are legislative instruments used to mandate safety requirements for aircraft and aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Safety Regulations 1998, which provide a legal basis for CASA to implement and enforce airworthiness standards. The authority to issue these directives stems from international obligations under the Convention on International Civil Aviation, ensuring that Australia aligns with global safety standards.
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 ADs are issued to ensure the continuing airworthiness of aircraft, particularly those on the Australian register, and are based on information provided by the State of Design. This legislation applies to aircraft operators, owners, and maintenance personnel who must comply with the ADs issued by CASA to maintain the airworthiness of their aircraft. The ADs have a national scope and are designed to meet international standards as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must be assessed by CASA before implementation in Australia. In the case of the Piper PA-32 Cherokee Six, CASA issued AD/PA-32/24 and its subsequent amendments in response to ADs from the USA, the State of Design, ensuring compliance with international standards and maintaining the safety of Australian registered aircraft.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations that serve the Act's purpose, with a focus on the safety of air navigation. This legislative authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. The State of Design, typically the country where the aircraft is designed, must provide essential information to ensure the safety of the aircraft type, which is then communicated to the State of Registry. The State of Registry, in this case, CASA, must then develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
The process of issuing and amending ADs is exemplified by the Piper PA-32 Cherokee Six case. In 1972, the USA issued Service Letter No. 600, which mandated periodic inspections for this aircraft type. The Federal Aviation Administration issued AD 72-08-06 to enforce this. CASA subsequently issued Australian AD/PA-32/24 to mandate the same requirements. In 2009, Piper Aircraft Corporation issued Mandatory Service Bulletin No. 1199 to replace Service Letter No. 600. CASA has amended AD/PA-32/24 to Amendment 2 to reflect this change, which will become effective on 13 May 2011.
Given that the AD is issued under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, there was no consultation with the Australian public. The Office of Best Practice Regulation has also determined that such ADs do not require a Regulatory Impact Statement. The AD/PA-32/24 Amendment 2 was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988.