AD/PA-32/71 - Aileron Balance Weight Attachment - Inspection and Modification - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, provides the legal framework for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation empowers CASA to issue airworthiness directives for specific kinds of aircraft or aeronautical products, ensuring that these directives serve as legislative instruments under the Acts Interpretation Act 1901. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with maintaining the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. As the State of Registry, Australia has a responsibility to ensure the ongoing airworthiness of aircraft within its jurisdiction. CASA has exercised its authority to issue and subsequently cancel AD/PA-32/71 affecting Piper PA-32 aircraft, a decision effective from 25 September 2008, with no replacement directive required. The cancellation aligns with Australia's commitments under the Convention, and as such, there was no need for public consultation or a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, under the authority granted by subsection 84A(2) of the Act.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design and State of Registry with responsibilities for airworthiness information and oversight. In this specific case, CASA has issued and subsequently cancelled AD/PA-32/71 affecting Piper PA-32 aircraft, effective from 25 September 2008, in accordance with Australia's obligations under the Convention, without requiring consultation or a Regulatory Impact Statement.

Key Provisions

Under the Civil Aviation Act 1988, the Governor-General is empowered to enact regulations to ensure the safety of air navigation (section 98). This authority is exercised through the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, consequently, legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs are formal regulations that must be scrutinized and approved according to the legislative process. The obligations imposed by the ADs are primarily centred around the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overall responsibility for ensuring that an aircraft type remains airworthy and must provide necessary information to the States of Registry. The State of Registry, in this case CASA, must then develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA’s issuance of AD/PA-32/71 for Piper PA-32 aircraft is an example of these obligations in action. This directive was recently reviewed and subsequently cancelled by CASA, effective from 25 September 2008, without the need for a replacement AD. The cancellation of AD/PA-32/71 follows Australia's commitments under the Convention on International Civil Aviation, which exempts this action from public consultation. Furthermore, the Office of Best Practice Regulation has determined that ADs, such as this one, do not necessitate a Regulatory Impact Statement. This decision underscores the procedural efficiency and the adherence to international standards in handling such regulatory instruments. The Manager, Airframes in the Airworthiness Engineering Group, acting on behalf of CASA, made this AD cancellation in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that the process is both legally sound and compliant with international obligations. The potential consequences for non-compliance with ADs can be significant. Although the specific penalties for breaching these regulations are not detailed in the explanatory statement, breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 generally carry substantial penalties. These may include fines and imprisonment for criminal offences, as well as civil penalties for non-compliance with safety directives. The overarching aim is to ensure that all stakeholders, including aircraft operators and manufacturers, adhere to the highest standards of aviation safety.