AD/PA-34/20 - Pneumatic De-Icer Tubing - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia to ensure safety and efficiency. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs), to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2008 and are a common method for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA has recently cancelled AD/PA-34/20 affecting Piper PA-34-200T aircraft, in alignment with Australia's international obligations, and no replacement AD is necessary. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, under the authority granted by the Act.

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) concerning specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs, considered legislative instruments under the Legislative Instruments Act 2003, serve as a primary means of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, which is responsible for the individual aircraft's airworthiness, must adhere to these directives to ensure safety standards are met. In the case of the AD/PA-34/20 affecting Piper PA-34-200T aircraft, CASA has issued a cancellation, effective from 23 October 2008, due to Australia’s obligations under the Convention on International Civil Aviation, without necessitating public consultation or a Regulatory Impact Statement. This cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) through section 98 and regulation 39.001 respectively. Section 98 allows the Governor-General to make regulations that are in the interests of air navigation safety, while regulation 39.001 provides CASA with the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and are aligned with international standards under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for maintaining the airworthiness of an aircraft type. Under these provisions, CASA or its predecessors had issued AD/PA-34/20 affecting the Piper PA-34-200T aircraft. However, CASA has since reviewed this directive and decided to cancel it, effective from 23 October 2008. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is deemed necessary. The process of cancellation was overseen by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, who acted under subsection 84A(2) of the Act. It is noteworthy that this cancellation did not require consultation with the Australian public, nor did it necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. In terms of obligations, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific duties on CASA and other entities involved in civil aviation. CASA, as the regulatory authority, must issue airworthiness directives to ensure the safety of aircraft. The State of Registry, which is the country responsible for the individual aircraft, must develop or adopt requirements that ensure the aircraft's continuing airworthiness. Furthermore, the State of Design must provide necessary information to maintain the airworthiness of the aircraft type. These obligations are integral to maintaining the safety standards in air navigation. The breach of any obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various penalties and consequences. While specific penalties are not detailed in the provided text, it is generally understood that violations can lead to civil or criminal penalties, depending on the nature and severity of the breach. Non-compliance with airworthiness directives or failure to meet regulatory requirements can result in fines, suspension or revocation of certificates, and potentially criminal charges if the breach leads to safety incidents. The precise penalties are determined by the courts based on the specific circumstances of each case.