AD/PA-34/11 - Wing Skin/Rib - Inspection and Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. One of its key provisions allows the Governor-General to make regulations that serve the interests of the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products, thereby ensuring adherence to safety standards. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and the subsequent regulations aim to fulfil Australia's obligations under international agreements, such as the Convention on International Civil Aviation, by maintaining the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry. In a specific instance, CASA issued an airworthiness directive AD/PA-34/11 concerning Piper PA-34-200 aircraft. After a review, CASA decided to cancel this directive, effective from 23 October 2008, without the need for a replacement directive. This cancellation aligns with Australia's commitments under the Convention on International Civil Aviation. As the cancellation pertains to international obligations, there was no consultation with the Australian public, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary. The directive was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as legislative instruments, are issued in accordance with section 98 of the Civil Aviation Act 1988 and serve to ensure the safety of air navigation. The ADs are rooted in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of aircraft types and must supply necessary information to the States of Registry. Conversely, the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft, either by developing or adopting requisite requirements. The AD/PA-34/11, issued by CASA or its predecessors for Piper PA-34-200 aircraft, has been cancelled due to Australia's commitments under the Convention on International Civil Aviation. This cancellation, effective from 23 October 2008, does not necessitate a replacement AD, and no public consultation was conducted as per the Office of Best Practice Regulation's determination that ADs do not require a Regulatory Impact Statement. The AD's cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.

Key Provisions

The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988 (section 98). It is crucial to note that an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 and is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). This legislative framework underscores the importance of ADs as a tool for maintaining airworthiness standards. The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This obligation extends to providing necessary information to the State of Registry to maintain the aircraft's airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, acting on behalf of Australia, has exercised this responsibility by issuing, reviewing, and cancelling ADs as necessary to uphold these standards. Breaching the requirements set forth in the Civil Aviation Safety Regulations 1998 can have significant consequences. While the Civil Aviation Act 1988 does not explicitly detail the penalties for non-compliance with ADs, the overarching framework of civil aviation regulations in Australia includes potential sanctions for failing to meet safety standards. These may include administrative penalties, enforcement actions, or legal proceedings against individuals or entities found to be in breach. The severity of the penalties can vary based on the nature and extent of the non-compliance, with potential ramifications for both public safety and the reputation of the involved parties. In the specific case of AD/PA-34/11 affecting Piper PA-34-200 aircraft, CASA reviewed the directive and decided to cancel it, effective from 23 October 2008, due to Australia's obligations under the Convention on International Civil Aviation. This cancellation does not require a replacement AD, as determined by CASA. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The process did not involve public consultation, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not require a Regulatory Impact Statement.