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-34/23 affecting Piper PA-34-200T 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, Systems and New Technologies 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 provide for the safety of air navigation and related matters. Under this Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, therefore, facilitates the issuance of ADs to ensure compliance with international standards and the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation.
In the case of AD/PA-34/23 concerning Piper PA-34-200T aircraft, CASA reviewed and subsequently cancelled the directive in accordance with Australia's obligations under the Convention on International Civil Aviation. This cancellation took place without public consultation and did not necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies, on behalf of CASA, issued this cancellation under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under the Civil Aviation Act, the Governor-General has the authority to make regulations in the interest of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. These ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, and the State of Registry responsibility for the continuing airworthiness of individual aircraft. In this particular case, CASA has cancelled the AD/PA-34/23 affecting Piper PA-34-200T aircraft, effective from 23 October 2008, without the need for a replacement AD, due to Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, in particular under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation underscores that an AD is a disallowable instrument, as per section 46A of the Acts Interpretation Act 1901, and thus classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the overall airworthiness of an aircraft type and must provide necessary information to the States of Registry to uphold these standards. Conversely, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting necessary requirements to meet these standards.
Under these provisions, CASA has the authority to issue ADs that dictate specific maintenance, inspection, or operational requirements to maintain airworthiness. For example, CASA issued AD/PA-34/23, which applied to Piper PA-34-200T aircraft. However, subsequent review led CASA to cancel this directive, effective from 23 October 2008, without the need for a replacement AD. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation. As this cancellation relates to international obligations rather than domestic policy, there was no consultation with the Australian public, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
The issuance and cancellation of ADs are governed by stringent regulatory processes. Specifically, CASA exercises its authority under subsection 84A(2) of the Act, ensuring that any AD issued is meticulously reviewed and aligned with both national and international safety standards. CASA's authority to issue or cancel ADs is crucial in maintaining the safety and airworthiness of aircraft operating within Australian airspace. Consequently, compliance with these ADs is mandatory for aircraft operators and other stakeholders within the aviation industry. Failure to adhere to these directives can result in significant safety risks and legal repercussions, underscoring the importance of strict compliance with CASA's regulations.