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-34/10 affecting Piper PA-34 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 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, aims to regulate civil aviation and ensure safety in air navigation. It provides the framework for the issuance of regulations necessary to maintain air safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The ADs serve as a means to maintain the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA), operating under these regulations, has the authority to issue such directives to address safety concerns related to specific aircraft types. In accordance with the Convention on International Civil Aviation, CASA has the responsibility to cancel ADs when they are no longer necessary, which in this case has led to the cancellation of AD/PA-34/10 affecting Piper PA-34 aircraft, effective from 23 October 2008. This action was taken without public consultation as it aligns with Australia's international obligations, and no Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, applying to all types of aircraft and aeronautical products to ensure the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products, with these directives being considered legislative instruments. These ADs align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is Australia in this context, must also implement measures to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. This regulatory framework ensures that all stakeholders comply with the necessary safety standards, ultimately protecting public safety in civil aviation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations for the Act’s purposes, with a primary focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are intended to maintain or restore airworthiness and are a critical tool for ensuring safety standards are met. As specified in subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to issue ADs to maintain or restore airworthiness. These directives must be issued in compliance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is required to develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA's role includes reviewing and, when necessary, cancelling ADs to ensure that safety standards are adhered to and that any outdated or unnecessary regulations are eliminated.
Failure to comply with the requirements set forth in the ADs can lead to significant civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of aviation safety regulations can generally result in severe penalties, including substantial fines and potential imprisonment. CASA, as the regulatory authority, has the power to enforce compliance through various measures, including the issuance of penalties for non-compliance with ADs. Additionally, aircraft found to be non-compliant with the ADs may be grounded, leading to significant operational disruptions and financial losses for operators.
The explanatory statement notes that the cancellation of AD/PA-34/10 for Piper PA-34 aircraft was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. This decision was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in line with subsection 84A(2) of the Act. The cancellation of this AD underscores the dynamic nature of aviation safety regulations and CASA's commitment to maintaining high safety standards by ensuring that only relevant and necessary ADs are in effect.