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-32/5 Amdt 3 affecting Piper PA-32-260 aircraft. 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, enacted by the Australian Parliament, addresses the regulation of civil aviation safety in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they play a critical role in maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly those set by Annex 8 to the Convention on International Civil Aviation. The cancellation of a specific airworthiness directive for Piper PA-32-260 aircraft, which became effective on 25 September 2008, exemplifies CASA's role in upholding both domestic and international aviation safety standards.
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) concerning specific types of aircraft or aeronautical products. These ADs serve as regulatory instruments to ensure the ongoing airworthiness of aircraft within Australia. The ADs are part of Australia's commitment to international civil aviation standards, particularly under Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for an aircraft's airworthiness. While the ADs are legislative instruments, their creation and subsequent cancellation, such as the cancellation of AD/PA-32/5 Amdt 3 for Piper PA-32-260 aircraft, do not necessitate public consultation or a Regulatory Impact Statement due to their technical nature and international obligations. The ADs are issued by CASA, which has the authority to cancel them as needed, reflecting Australia’s adherence to international safety standards and the continuous improvement of aviation safety practices.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations for the Act’s purposes, primarily focusing on the safety of air navigation. 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. Subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legal framework ensures that ADs are methodically implemented and regulated, providing clear guidelines for maintaining aircraft safety and airworthiness.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place specific duties on both the State of Design and the State of Registry. The State of Design must ensure the continuing airworthiness of an aircraft type, providing necessary information to the appropriate States of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. Conversely, the State of Registry is responsible for the ongoing airworthiness of individual aircraft, developing or adopting requirements to ensure compliance with safety standards. CASA, acting as the State of Registry for Australia, must adhere to these international obligations while issuing and managing ADs.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Although specific offences, penalties, or civil/criminal consequences for non-compliance are not detailed in the text, the overarching framework indicates a stringent regulatory environment. Given the critical nature of air safety and the potential for severe repercussions from non-compliance, it is reasonable to infer that breaches could lead to substantial penalties or legal actions. The regulatory authority, CASA, has the power to enforce compliance, ensuring that all parties meet their obligations under the Act and the Regulations.
CASA has issued and subsequently cancelled AD/PA-32/5 Amdt 3 for Piper PA-32-260 aircraft, reflecting Australia’s adherence to international obligations under the Convention on International Civil Aviation. The cancellation, effective from 25 September 2008, indicates that no replacement AD is necessary. Given the nature of ADs as continuing airworthiness information, the cancellation signifies that the requirements previously set by the AD have been addressed or rendered obsolete. This action was taken by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, demonstrating the regulatory authority’s commitment to ensuring the highest safety standards in civil aviation.