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, 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, 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.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-32/41 affecting Piper PA-32R-300 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-32/41. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and the safety of air navigation, among other things. Under this Act, the Civil Aviation Safety Regulations 1998 were also introduced to further specify the requirements for the safety and airworthiness of aircraft. One of the mechanisms provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address specific safety concerns for types of aircraft or aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft and to comply with Australia’s obligations under the Convention on International Civil Aviation, particularly those set out in Annex 8, which concerns the airworthiness of aircraft. This includes the responsibility of the State of Design to provide necessary information to ensure the airworthiness of aircraft types and the responsibility of the State of Registry to ensure the continuing airworthiness of individual aircraft. In accordance with these international obligations and domestic regulations, CASA has the authority to issue, amend, or cancel ADs as necessary to maintain the safety of air navigation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. These ADs are crucial for ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. CASA's role involves assessing information provided by the State of Design and determining whether to issue an Australian AD to enforce the necessary requirements. In the specific case of AD/PA-32/41, which concerned Piper PA-32R-300 aircraft, CASA has determined that the unsafe condition no longer exists, leading to the cancellation of the AD without the need for a replacement. This decision was made in compliance with Australia’s international obligations and without public consultation, as deemed appropriate by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to create regulations for this purpose, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003.
These ADs are essential for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, where the aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of that type. The State of Registry, where the aircraft is registered, is responsible for the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In accordance with these provisions, CASA issued AD/PA-32/41 for Piper PA-32R-300 aircraft. Following a thorough assessment, CASA has cancelled this AD, effective from 13 March 2008, as the unsafe condition it addressed no longer exists. This cancellation is due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this action. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in line with subsection 84A(2) of the Act.
Breaching the requirements of an AD can have serious consequences. Civil penalties for non-compliance may include fines of up to $10,500 for individuals and $52,500 for corporations, as stipulated in section 84A of the Civil Aviation Act 1988. Failure to comply with an AD can also result in criminal penalties, including imprisonment for up to five years or fines of up to $210,000 for individuals and $1,050,000 for corporations, as outlined in section 84B. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and the well-being of those involved in aviation activities.