AD/PA-32/52 - Electric Pitch Trim Switch - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the safety of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and to ensure the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These airworthiness directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The policy objective of these regulations is to maintain and enhance the safety of civil aviation in accordance with Australia's international obligations under the Convention on International Civil Aviation. In line with these objectives, CASA issued an airworthiness directive AD/PA-32/52 concerning Piper PA-32-260 aircraft, which has now been reviewed and subsequently cancelled. This cancellation, effective from 25 September 2008, reflects Australia's adherence to the continuing airworthiness responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. Given that the cancellation aligns with these international obligations, no consultation with the Australian public or a Regulatory Impact Statement was deemed necessary. The decision to cancel the directive was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These ADs are critical in maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the requirements of the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered within Australia, ensuring that both domestic and international airworthiness standards are met. While the ADs are a fundamental part of the regulatory regime, they are not subject to public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation's determination. The issuance and cancellation of ADs, such as AD/PA-32/52 affecting Piper PA-32-260 aircraft, are managed by CASA in accordance with the Civil Aviation Act, reflecting Australia's commitment to international civil aviation safety standards.

Key Provisions

The key provisions of the Civil Aviation Act 1988, as it relates to the Civil Aviation Safety Regulations 1998, include the authority granted under section 98 for the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, and their issuance is consistent with the requirements set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type. The obligations imposed by these regulations require CASA to ensure that ADs are issued where necessary to maintain the safety standards of aircraft. The State of Registry of an aircraft, in this case, Australia, must also adhere to these directives and implement the necessary measures to ensure the continuing airworthiness of the aircraft under its jurisdiction. The State of Design must provide any required information to facilitate this process. The provisions also underline the importance of international cooperation, as stipulated in the Convention on International Civil Aviation, which mandates that States of Design share essential information with States of Registry. In terms of enforcement, the Act and its regulations do not explicitly outline specific offences or penalties for non-compliance with ADs. However, the serious nature of airworthiness directives implies that failure to adhere to them could lead to severe consequences, potentially including civil or criminal liability, depending on the circumstances of non-compliance. Given the safety-critical nature of these directives, CASA has the authority to take enforcement actions against entities that fail to comply with ADs, which could include fines, suspension of airworthiness certificates, or other regulatory measures. Given the specific context of the AD/PA-32/52 affecting Piper PA-32-260 aircraft, CASA has reviewed and decided to cancel this AD, effective from 25 September 2008, without the need for a replacement directive. This action was taken in accordance with Australia’s obligations under international aviation conventions, and no public consultation or Regulatory Impact Statement was required. The cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.