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-32/75 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 ensuring the safety of civil aviation within Australia. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation. In line with this authority, the Civil Aviation Safety Regulations 1998 were formulated, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set forth in the Convention on International Civil Aviation, specifically Annex 8. The enactment of these regulations reflects a commitment to adhering to international obligations while ensuring the safety and reliability of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products. These ADs are legislative instruments, and their issuance is intended to ensure the safety of air navigation. The ADs represent a mechanism by which both the State of Design and the State of Registry, as defined under Annex 8 to the Convention on International Civil Aviation, fulfil their responsibilities towards the continuing airworthiness of aircraft. In the case of Australia, CASA, acting under the authority of the Act, has the responsibility to issue and manage these directives. Notably, the issuance of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The scope of application for these ADs is governed by the jurisdictional and geographic reach of the Civil Aviation Act 1988, extending across the Commonwealth of Australia and adhering to international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations intended to ensure the safety of air navigation. This includes the ability to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs pertain to specific types of aircraft or aeronautical products and serve as a means to maintain the continuing airworthiness of these items. Subregulation 39.001(5) clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued with a clear legal basis and oversight.
The obligations placed on the parties by this legislation include the State of Design, which, according to Annex 8 to the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type. This responsibility extends to providing necessary information to the States of Registry to ensure that each aircraft remains airworthy. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure that the individual aircraft under its jurisdiction remain airworthy. This division of responsibilities ensures that both the design and operational aspects of airworthiness are adequately managed.
Failure to comply with airworthiness directives can result in significant consequences. The Civil Aviation Safety Regulations 1998 outline penalties for breaches related to ADs. Although specific penalties are not detailed in this text, it is understood that non-compliance can lead to both civil and criminal consequences. The exact nature and severity of these penalties would depend on the specific breach and the provisions of the Civil Aviation Act 1988 and other relevant regulations. The issuance and enforcement of ADs are critical to maintaining the safety and reliability of the aviation industry.