AD/PA-32/9 Amdt 1 - Aileron Spar - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations to maintain the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the specific measures required. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby enforcing safety standards and ensuring the continuing airworthiness of aircraft within Australia. This legislative approach aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds the primary responsibility for the airworthiness of aircraft types, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. The ADs serve as a key mechanism for communicating necessary safety information across relevant jurisdictions.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legislative framework for the issuance of airworthiness directives in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for specific types of aircraft and aeronautical products to ensure the safety of air navigation. These directives serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are governed by the provisions of the Legislative Instruments Act 2003. The application of these regulations extends to the continuing airworthiness of aircraft, with the State of Design bearing primary responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In accordance with international obligations under the Convention on International Civil Aviation, Australia adheres to the requirement that the State of Design must provide necessary information to maintain the continuing airworthiness of an aircraft type. CASA, as the regulatory authority in Australia, has the responsibility to issue and manage airworthiness directives, as demonstrated in the case of AD/PA-32/9 Amdt 1, which was subsequently cancelled due to compliance with international obligations. This cancellation does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The obligations imposed by the Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation place the State of Design in a pivotal role, holding overall responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing any necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting within its legislative mandate, issued AD/PA-32/9 Amdt 1 concerning Piper PA-32 aircraft, which has subsequently been cancelled. This action reflects Australia’s commitment to international obligations under the Convention on International Civil Aviation. Given that the cancellation of the AD is due to international obligations, there has been no requirement for consultation with the Australian public or the preparation of a Regulatory Impact Statement. The AD cancellation was made 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. The effective date of the cancellation is 25 September 2008, with no replacement AD being required. In terms of potential breaches and penalties, the Civil Aviation Safety Regulations 1998 do not explicitly detail the offences, penalties, or consequences for non-compliance with ADs. However, general provisions within the Civil Aviation Act 1988 and related regulations suggest that non-compliance could result in significant civil and criminal penalties. These may include fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. CASA has the authority to enforce compliance through various measures, including the issuance of directives, audits, and inspections.