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-32/58 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, 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, establishes the framework for the regulation of civil aviation in Australia with a primary focus on ensuring the safety of air navigation. To facilitate the implementation of this Act, the Civil Aviation Safety Regulations 1998 were introduced, providing detailed provisions for the regulation of air safety and airworthiness of aircraft. One specific tool within these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as permitted under regulation 39.001. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these ADs is to ensure the continuing airworthiness of aircraft in line with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The recent cancellation of AD/PA-32/58 affecting Piper PA-32 aircraft exemplifies CASA's role in managing these directives to align with both national and international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of 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, aiming to ensure the safety of air navigation. These directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic and jurisdictional reach of these regulations extends to all aircraft registered in Australia, ensuring compliance with the international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry bear responsibilities for the continuing airworthiness of aircraft types and individual aircraft, respectively. The cancellation of an AD, such as AD/PA-32/58 for Piper PA-32 aircraft, is informed by Australia's obligations under the Convention, and such actions do not require public consultation or a Regulatory Impact Statement. The Manager, Airframes within CASA's Airworthiness Engineering Group, issues these directives in accordance with the Civil Aviation Act 1988, reflecting the legislative intent to maintain stringent safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, sets the framework for the regulation of airworthiness in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring that aircraft remain in a safe condition for operation. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and thus, they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the obligations imposed by the Civil Aviation Safety Regulations 1998, CASA has the responsibility to issue ADs that are necessary for the continuing airworthiness of aircraft. This includes the requirement to consult with relevant stakeholders and adhere to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is tasked with implementing the necessary requirements for individual aircraft. In this context, CASA's issuance and subsequent cancellation of AD/PA-32/58 for Piper PA-32 aircraft reflects its role in upholding these regulatory obligations. The cancellation, which will take effect on 25 September 2008, indicates that no replacement AD is required, as determined by CASA.
The Act and Regulations also outline the consequences for non-compliance with ADs. While specific civil or criminal penalties are not detailed in this instance, failure to comply with an airworthiness directive can result in significant legal repercussions. CASA has the authority to enforce compliance through various means, including grounding aircraft, imposing fines, or pursuing legal action against operators or manufacturers who fail to adhere to ADs. The cancellation of AD/PA-32/58 was made in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that CASA's actions are legally sound and aligned with Australia's international obligations under the Convention on International Civil Aviation.