AD/PA-32/69 - Rudder/Aileron Interconnect Bracket - Interference Inspection - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legal framework for ensuring the safety of air navigation in Australia. To address the need for continuous airworthiness of aircraft, the Act empowers the Governor-General to make regulations under section 98, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are crucial for maintaining the safety standards required under the Convention on International Civil Aviation. In line with Australia's international obligations, CASA issued an airworthiness directive affecting Piper PA-32-301 aircraft, which has since been cancelled and will cease to be effective on 25 September 2008, with no replacement directive deemed necessary. The cancellation of this directive is a direct result of Australia's adherence to the Convention on International Civil Aviation, and no public consultation was required.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are intended to maintain the continuing airworthiness of aircraft as per international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The application of these ADs extends to all aircraft registered in Australia, meaning they apply to aircraft owners, operators, and relevant aviation personnel. The regulations cover national airspace, ensuring compliance with both domestic and international safety standards. No specific exclusions or exemptions are stated in the text, although the ADs themselves may contain specific conditions or limitations for particular aircraft or aeronautical products. The Act and Regulations provide for the issuance of subordinate instruments to further define or extend their application, ensuring comprehensive coverage of safety requirements in civil aviation.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies this, providing a clear framework for the creation and implementation of ADs. The obligations imposed by these provisions are significant. The State of Design, which refers to the country where the aircraft was designed, holds primary responsibility for the continuing airworthiness of the aircraft type. This responsibility includes providing all necessary information to ensure the aircraft's airworthiness to the States of Registry. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt its own requirements to maintain the continuing airworthiness of the aircraft within its jurisdiction. These obligations ensure that both design and registry states play critical roles in maintaining aviation safety standards. Breach of the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various consequences. Although the specific offences and penalties are not detailed in the text provided, generally, non-compliance with ADs can result in severe penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The precise penalties would typically be outlined in the relevant sections of the Civil Aviation Act 1988 or in subsequent regulations. Furthermore, failure to adhere to the continuing airworthiness requirements can lead to aircraft being grounded or banned from operation, thereby affecting both the safety of air navigation and the operations of aviation businesses.