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-34/26 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing issues related to the safety, efficiency, and regulation of air navigation. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives through the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft types, thereby aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to maintain the highest standards of safety in civil aviation, reflecting Australia's commitment to international aviation safety protocols. The cancellation of the airworthiness directive AD/PA-34/26 for Piper PA-34-200T aircraft by CASA exemplifies the practical application of these legislative provisions in maintaining and improving aviation safety standards in line with global obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia, and the Act applies to all aircraft registered in Australia and the activities of those who operate them. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are integral to maintaining the continuing airworthiness of aircraft and are aligned with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the ongoing airworthiness of individual aircraft, and must implement the requirements set forth in ADs. AD/PA-34/26, issued by CASA for Piper PA-34-200T aircraft, has been cancelled in accordance with Australia's international obligations, and its cancellation does not require public consultation or a Regulatory Impact Statement. The AD cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure that the aircraft and products maintain a state of airworthiness throughout their operational life.
The obligations imposed by these regulations on the parties they govern are significant. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must implement or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, as the regulatory body in Australia, has the authority to issue ADs to enforce these requirements.
Failure to comply with ADs can lead to various legal consequences. Civil penalties may be imposed for non-compliance, including fines and other sanctions. Additionally, if an AD is not complied with and results in a breach of safety regulations, this could lead to criminal charges. Under section 84A(3) of the Civil Aviation Act 1988, CASA has the authority to prosecute offenders, and the maximum penalties for serious breaches can include substantial fines and imprisonment. The seriousness of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation.