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-32/66 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 legal framework for the regulation of civil aviation in Australia. This Act was introduced to ensure the safety and efficiency of air navigation within the country. One of the key provisions of the Act is section 98, which empowers the Governor-General to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the implementation of these safety measures. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft and aeronautical products, ensuring that these vehicles meet the necessary safety standards. The ADs are considered legislative instruments, as outlined in the Legislative Instruments Act 2003.
The issuance and subsequent cancellation of ADs are influenced by international obligations, particularly those stipulated in Annex 8 of the Convention on International Civil Aviation. This Annex delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft types. CASA, acting on behalf of the Australian Government, issues ADs to maintain compliance with these international standards. For instance, AD/PA-32/66, which affected Piper PA-32 aircraft, has been cancelled due to these international obligations. The cancellation process does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in line with the requirements of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Amendment Regulations 2008, apply to any aircraft registered in Australia, along with any aeronautical products and components used in such aircraft. This encompasses both commercial and private aircraft, ensuring adherence to safety standards set forth by the Civil Aviation Safety Authority (CASA). The regulations extend to the entities involved in the design, manufacture, and maintenance of aircraft and aeronautical products, ensuring that all parties within the aviation industry comply with the stipulated safety requirements. Geographically, the application of these regulations is within the jurisdiction of the Commonwealth of Australia, aligning with the international obligations under the Convention on International Civil Aviation. While the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives, the specific application and enforcement of these directives are managed by CASA. Notably, this legislative instrument does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation, reflecting its technical nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5), which stipulates that ADs are legislative instruments, as defined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other entities governed by the Act include ensuring that ADs are issued in compliance with international standards set by the Convention on International Civil Aviation. Under Annex 8 of this Convention, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. CASA, as the regulatory authority, must issue ADs to meet these international obligations and ensure compliance by aircraft operators and manufacturers. These directives are essential tools for maintaining safety and airworthiness standards across the aviation industry.
Non-compliance with ADs can lead to significant legal consequences. Under section 47 of the Civil Aviation Act 1988, operating an aircraft in a manner that contravenes an AD constitutes an offence. Such offences can result in substantial fines, with the maximum penalty for a corporation being up to $210,000 and for an individual being up to $42,000, as outlined in the Act. Additionally, CASA can take enforcement actions, including the suspension or revocation of an aircraft's certificate of airworthiness, which can effectively ground the aircraft until the required actions are taken to comply with the AD. This stringent enforcement underscores the importance of adhering to ADs to maintain the highest safety standards in civil aviation.