AD/PA-32/4 Amdt 1 - Fuel Tanks - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a regulatory framework for the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive airworthiness standards and safety regulations. This Act empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Specifically, 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 certain kinds of aircraft or aeronautical products. These directives serve as legislative instruments, as stipulated by the Legislative Instruments Act 2003, and are critical in maintaining the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). In accordance with Australia’s commitments under the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to ensure the continuing airworthiness of aircraft types. CASA, as the State of Registry, has the duty to enforce these requirements. In this context, CASA issued and subsequently cancelled AD/PA-32/4 Amdt 1 concerning Piper PA-32 aircraft, effective from 25 September 2008, with no replacement AD deemed necessary. The cancellation aligns with Australia’s obligations under the Convention, and due to the nature of ADs, no public consultation or Regulatory Impact Statement was required. The decision to cancel the directive was made by the Manager, Systems and New Technologies within CASA’s Airworthiness Engineering Group, pursuant to the Act’s provisions.

Scope and Application

The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, pertains to entities and individuals involved in the aviation industry within Australia, specifically focusing on the safety and airworthiness of aircraft and aeronautical products. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These airworthiness directives are legislative instruments, as outlined under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the airworthiness of individual aircraft. The scope of this legislation is broad, extending to all aircraft registered in Australia and operates within the jurisdictional reach of the Commonwealth. While the Act and its subordinate regulations provide the primary framework, additional specifications and standards may be introduced through further subordinate instruments, ensuring flexibility and responsiveness to emerging safety concerns.

Key Provisions

The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that align with the Act and prioritise air navigation safety. One significant 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 specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations further clarifies that an AD is considered a disallowable instrument, and thus, a legislative instrument under section 46A of the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide any necessary information to the appropriate States of Registry to maintain the aircraft's airworthiness. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to achieve this goal. This process involves issuing ADs, which serve as the most common form of continuing airworthiness information among ICAO Contracting States. In light of Australia's obligations under the Convention on International Civil Aviation, CASA or its predecessors issued AD/PA-32/4 Amdt 1, affecting Piper PA-32 aircraft. However, CASA has since reviewed this AD and determined that it should be cancelled, with the cancellation taking effect on 25 September 2008. This cancellation does not require a replacement AD, and no consultation with the Australian public has taken place due to Australia's obligations under the Convention. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The cancellation of the AD was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that CASA adheres to the necessary legislative and regulatory frameworks in making decisions that impact the safety and airworthiness of aircraft in Australia.