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-32/53 affecting Piper PA-32 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, Systems and New Technologies 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, governs the safety of air navigation and was established to address the need for comprehensive regulations to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations under section 98, ensuring that the interests of air navigation safety are upheld. The Civil Aviation Safety Regulations 1998 further operationalise the Act by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft and aeronautical products. These directives, as outlined in regulation 39.001, serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The policy objective underpinning these regulations is to harmonise Australia's civil aviation safety practices with international standards, thereby ensuring the safety of air navigation and compliance with global aviation obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments and are made in the interests of ensuring the safety of air navigation. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The State of Design holds primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. CASA, as the regulatory authority in Australia, issues these directives and has the authority to cancel them when necessary. In this instance, CASA has cancelled AD/PA-32/53, which pertained to Piper PA-32 aircraft, effective 25 September 2008, without the need for a replacement directive. This action aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (the "Act") provides the legislative framework for civil aviation in Australia. Under section 98 of the Act, the Governor-General can make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (the "Regulations") allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are a key means by which States communicate continuing airworthiness information in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by ADs on the parties and entities they govern are significant. The State of Design of an aircraft type has the primary responsibility for ensuring the continuing airworthiness of that type, including providing necessary information to States of Registry. The State of Registry of an individual aircraft must ensure the continuing airworthiness of that aircraft, including complying with any relevant ADs. Operators of affected aircraft must implement any requirements specified in applicable ADs. Failure to comply with an AD may result in the aircraft being considered unairworthy.
Failure to comply with an AD can have serious consequences. Under regulation 39.005 of the Regulations, a person must not use an aircraft in air navigation if the aircraft does not comply with an applicable AD. This is a strict liability offence. The maximum penalty for an individual is a fine of 300 penalty units ($56,100). For a body corporate, the maximum penalty is 30,000 penalty units ($5.61 million). In addition, CASA may take enforcement action, including grounding the aircraft and prosecuting the operator. It is therefore critical that operators of affected aircraft ensure strict compliance with any applicable ADs.
There are no civil or criminal consequences specified for breach of the cancelled AD/PA-32/53, as it has been cancelled in accordance with Australia's obligations under the Convention on International Civil Aviation. However, operators of Piper PA-32 aircraft should ensure they are not using any aircraft that does not comply with any current ADs. Failure to comply with current ADs can result in the aircraft being considered unairworthy and potential enforcement action by CASA.