AD/PA-34/15 - Outer Wing Spars - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a legal framework for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 being a primary example. Under the authority of the Act, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives to ensure the ongoing airworthiness of aircraft and aeronautical products, a responsibility that is also mandated by Annex 8 of the Convention on International Civil Aviation. The process of issuing these directives is aligned with international standards, ensuring that Australia's aviation safety measures are consistent with global practices. The cancellation of an airworthiness directive, such as AD/PA-34/15 affecting Piper PA-34-200 aircraft, is made in accordance with the legislative framework provided by the Act, reflecting Australia's commitment to international aviation safety standards.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These airworthiness directives are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including Australia, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements as necessary. CASA, acting in its capacity to regulate airworthiness, has the authority to issue and subsequently cancel these directives as required.

Key Provisions

The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are a form of legislative instrument (subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003), are critical for ensuring the ongoing safety and airworthiness of aircraft as mandated by the Civil Aviation Act 1988 (section 98). ADs are a common tool used by ICAO Contracting States to maintain airworthiness standards, and they are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved, particularly CASA, include the responsibility to issue ADs when necessary to maintain airworthiness, as well as to review and, if necessary, cancel these directives. In this instance, CASA has reviewed and cancelled AD/PA-34/15, which affected Piper PA-34-200 aircraft. The cancellation of this directive will take effect on 23 October 2008, and no replacement directive is required. This action was taken in accordance with Australia’s obligations under the Convention on International Civil Aviation and was executed by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, as stipulated in subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in civil penalties. The specific penalties are not detailed in the text but are likely to include fines and other sanctions that may vary depending on the severity and nature of the non-compliance. Additionally, continued operation of an aircraft that does not comply with an AD could result in criminal charges, with potential imprisonment and substantial fines. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety and integrity of air navigation.