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-32/61 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 Commonwealth Parliament, aims to ensure the safety of air navigation and establish a regulatory framework for civil aviation in Australia. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to maintain the continuing airworthiness of aircraft and aeronautical products. These directives are made in accordance with Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft types to their State of Design and mandates that States of Registry develop requirements to ensure airworthiness. In this context, CASA has cancelled an airworthiness directive affecting Piper PA-32 aircraft, which will become effective on 25 September 2008, without the need for a replacement AD due to Australia’s obligations under the Convention. The cancellation was made by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, and no consultation or Regulatory Impact Statement was required due to the nature of ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. This regulatory mechanism applies to all aircraft and aeronautical products registered in Australia, thereby extending its jurisdictional reach across the nation. The ADs serve as a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and treated as a legislative instrument under the Legislative Instruments Act 2003. The scope of application is further influenced by Australia's commitments under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry must implement the necessary requirements to maintain airworthiness. In this specific instance, CASA has cancelled AD/PA-32/61 for Piper PA-32 aircraft, effective 25 September 2008, without issuing a replacement directive, in alignment with international obligations and without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure the aircraft's continued airworthiness. Conversely, the State of Registry of an individual aircraft must develop or adopt requirements to maintain the continuing airworthiness of that aircraft, as stipulated by Annex 8. This framework ensures that both design and registry states play a crucial role in upholding safety standards.
In accordance with these provisions, CASA has previously issued AD/PA-32/61 concerning Piper PA-32 aircraft. Following a review, CASA has cancelled this AD, effective from 25 September 2008, without the need for a replacement AD. The decision to cancel the AD is rooted in Australia's obligations under the Convention on International Civil Aviation, which has obviated the need for public consultation or a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Non-compliance with airworthiness directives can result in serious consequences, including potential civil or criminal penalties. These may encompass fines, imprisonment, or other sanctions as deemed appropriate by the courts. The specific penalties can vary depending on the nature and severity of the breach, but they are designed to enforce adherence to the stringent safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.