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-32/60 affecting Piper PA-32 aircraft fitted with Altimatic IIIC automatic pilot. 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 was enacted to provide for the regulation of civil aviation in Australia, particularly focusing on the safety of air navigation. This Act grants the Governor-General the authority to create regulations that serve the interests of air navigation safety, as stipulated in section 98. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. The ADs are recognised as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to ensure the continuing airworthiness of aircraft types and individual aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and its associated regulations were developed in response to the need for stringent and internationally compliant safety standards in civil aviation. CASA, acting on behalf of the Australian government, has the authority to issue and cancel ADs to maintain these safety standards. The cancellation of AD/PA-32/60 affecting Piper PA-32 aircraft fitted with Altimatic IIIC automatic pilots exemplifies CASA’s role in responding to international obligations under the Convention on International Civil Aviation. This action highlights the importance of adhering to global aviation safety standards and the efficient administration of airworthiness directives to mitigate risks without the need for extensive public consultation or regulatory impact assessments.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that safeguard air navigation, with the Civil Aviation Safety Authority (CASA) being the body responsible for issuing airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001. These directives, classified as disallowable instruments under the Acts Interpretation Act 1901, are legislative instruments that must be issued in line with the requirements of the Convention on International Civil Aviation. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry under Annex 8 of the Convention. In the case of Australian aircraft, CASA issues these directives to ensure compliance with national safety standards. Notably, ADs are a global practice among ICAO Contracting States, including Australia. In the specific instance of AD/PA-32/60 concerning Piper PA-32 aircraft equipped with an Altimatic IIIC automatic pilot, CASA has cancelled the directive, effective from 25 September 2008, without the need for public consultation or a Regulatory Impact Statement, reflecting Australia's adherence to international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products (s 39.001). An AD is a legislative instrument, as stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and it is disallowable under section 46A of the Acts Interpretation Act 1901 (s 6 of the Legislative Instruments Act 2003). These ADs are essential for maintaining the continuing airworthiness of aircraft types, with the State of Design bearing overall responsibility for this aspect under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction.
The obligations imposed by these provisions are primarily on CASA, as the regulatory body, to issue ADs that ensure the safety and airworthiness of aircraft types and individual aircraft within Australia. CASA must develop or adopt requirements to maintain airworthiness, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA must adhere to the highest safety standards and must be reviewed and updated as necessary. CASA’s actions are guided by its obligations under international conventions and the national legislation, ensuring that the safety of air navigation is prioritised.
Failure to comply with the airworthiness directives or the requirements set out in the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. While the specific offences and penalties are not detailed in the text, it is clear that non-compliance with ADs can lead to both civil and criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, but they could include fines, imprisonment, or other sanctions as prescribed by law. The safety of air navigation is paramount, and any actions that jeopardise this can have serious repercussions for individuals and entities involved in civil aviation.