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-32/34 Amdt 1 affecting all Piper PA-32 aircraft with fixed landing gear. 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 ensure the safety of air navigation and provide a legal framework for civil aviation in Australia. The Act authorises the Governor-General to make regulations that are essential for maintaining the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft and aeronautical products. This legislative framework is designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types and must share necessary information with States of Registry. CASA, acting within its regulatory authority, has the power to issue, review, and cancel airworthiness directives as required, ensuring compliance with both national and international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance under section 6 of the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation, which places the responsibility for this on the State of Design and State of Registry. CASA, acting under the Civil Aviation Act 1988, issues these directives to maintain safety standards in line with international obligations. The cancellation of AD/PA-32/34 Amdt 1 for all Piper PA-32 aircraft with fixed landing gear is an example of how CASA implements these regulations, reflecting Australia’s adherence to the Convention and ensuring ongoing safety and compliance in civil aviation.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. These directives are a common method for communicating continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the States of Registry. Meanwhile, the State of Registry, in this case, CASA, is responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting relevant requirements. CASA issued an AD/PA-32/34 Amdt 1 for all Piper PA-32 aircraft with fixed landing gear, which has now been reviewed and subsequently cancelled by CASA, effective from 25 September 2008. No replacement AD is required, as the cancellation aligns with Australia's obligations under the Convention on International Civil Aviation.
The obligations imposed by this legislation require CASA to issue ADs when necessary to maintain airworthiness. CASA must also ensure compliance with international standards and obligations, such as those outlined in the Convention on International Civil Aviation and Annex 8. Failure to issue ADs or ensure compliance with international standards could result in safety issues and potential non-compliance with international obligations. CASA has issued an AD for Piper PA-32 aircraft with fixed landing gear, but it has been cancelled due to Australia's obligations under the Convention on International Civil Aviation. The cancellation process did not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Under this legislation, CASA must adhere to the requirements and obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The authority to issue ADs is granted under regulation 39.001, and any breaches of these obligations could result in safety risks and non-compliance with international standards. The AD/PA-32/34 Amdt 1 was issued for Piper PA-32 aircraft with fixed landing gear but has since been cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation. The cancellation process did not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.