AD/PA-32/29 - Rudder Bar Assembly - Inspection and Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and to provide for the safety and efficiency of air navigation within the country. This legislation allows the Governor-General to make regulations, including airworthiness directives, under section 98 to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products, as per regulation 39.001. The purpose of these directives is to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The cancellation of AD/PA-32/29 for Piper PA-32 aircraft was made by CASA, reflecting Australia's commitment to its obligations under the Convention on International Civil Aviation. This cancellation, effective from 25 September 2008, was executed without public consultation or the requirement of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. Such ADs apply to the aircraft or aeronautical products specified within the directive and are essential tools for maintaining the continuing airworthiness of these items, as outlined by the Convention on International Civil Aviation. The scope of these directives includes all aircraft registered in Australia, as the State of Registry is mandated to ensure the ongoing airworthiness of the aircraft under its jurisdiction. The ADs serve as a means for CASA to enforce compliance with airworthiness standards and rectify any safety issues identified. The legislative instruments created under this authority are considered disallowable instruments under the Acts Interpretation Act 1901 and are treated as legislative instruments according to the Legislative Instruments Act 2003. The cancellation of an AD, such as AD/PA-32/29 affecting Piper PA-32 aircraft, is a significant regulatory action taken by CASA and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue or cancel such directives is exercised by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This authority is further delineated in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) designates an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument. The obligations imposed by the Act and the Regulations are significant. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes the provision of necessary information to the States of Registry to ensure the continued safety and compliance of aircraft types. Similarly, the State of Registry of an individual aircraft bears the responsibility for maintaining the aircraft’s airworthiness. Under Annex 8, States of Registry must implement or adopt requirements that ensure the continuing airworthiness of aircraft within their jurisdiction. Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. While specific offences and penalties are not detailed in the provided text, the Act and Regulations collectively ensure that non-compliance with airworthiness directives can lead to serious ramifications. This may include legal actions against individuals or entities that fail to adhere to the safety standards set forth by CASA, potentially resulting in fines, suspension of operations, or other penalties as prescribed by relevant aviation laws. In the specific case of the Piper PA-32 aircraft, CASA issued AD/PA-32/29, which has since been reviewed and subsequently cancelled. This cancellation, effective from 25 September 2008, was undertaken in line with Australia's commitments under the Convention on International Civil Aviation and does not require consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframes, in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.