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.
Australian AD/PA-32/42 Amendment 1, affecting Piper PA-32 model aircraft, was issued in 1996. CASA has now reviewed this AD, and as a result, AD/PA-32/42 will be further amended to increase the service life of some variants of the PA-32. The amended AD, AD/PA-32/42 Amendment 2, will become effective on 29 May 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD 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, Airframes & Structures 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 provide for the safety and efficiency of civil aviation in Australia. The Act establishes the Civil Aviation Authority, which is responsible for regulating and ensuring the safety of air navigation. Under section 98 of this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety, such as the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are crucial in maintaining the continuing airworthiness of aircraft types as mandated by international standards under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design. CASA, as Australia's national airworthiness authority, must evaluate and implement ADs issued by the State of Design to ensure compliance with these international obligations, thereby safeguarding the safety of aircraft registered in Australia.
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) that apply to specific types of aircraft or aeronautical products within Australia. These ADs, as legislative instruments, are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The ADs are issued in accordance with international standards set by the Convention on International Civil Aviation, specifically under Annex 8, which assigns the State of Design the responsibility for continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. Consequently, the State of Registry, in this case CASA as Australia's national airworthiness authority, must adopt and enforce these directives to maintain airworthiness standards. The ADs are issued without public consultation as they are based on international obligations and the need to respond promptly to safety concerns identified by the State of Design.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are intended to ensure the continuing airworthiness of aircraft as mandated by the Civil Aviation Act 1988. An airworthiness directive is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. As such, these directives play a crucial role in maintaining safety standards within the aviation industry.
The ADs, as stipulated in Annex 8 to the Convention on International Civil Aviation, are issued by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if necessary, issue a corresponding AD to mandate the requirements of the State of Design. For example, AD/PA-32/42 Amendment 2, issued by CASA, affects the Piper PA-32 model aircraft and was implemented to extend the service life of certain variants. This AD, which supersedes the previous version, was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the ADs include the responsibility of the State of Design to provide necessary information to ensure continuing airworthiness. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA must also assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with the airworthiness directives may result in civil or criminal consequences, depending on the severity of the breach. However, specific penalties are not detailed in the provided text. It is important to note that the ADs are issued in response to Australia’s obligations under the Convention on International Civil Aviation and do not require consultation of the Australian public. As such, non-compliance with these directives may lead to enforcement actions by CASA, potentially resulting in fines, penalties, or other legal repercussions.