AD/PA-34/29 Amdt 2 - Main Wing Spar Attaching Nuts - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia, as well as to fulfil the country's obligations under international aviation treaties. This Act grants the Governor-General the authority to create regulations for the safety of air navigation, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail and specificity to these regulations. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) under regulation 39.001 of these regulations, ensuring that all aircraft and aeronautical products meet the required safety standards. The policy objective of this legislative framework is to maintain and enhance the safety of air navigation, ensuring that all aircraft operating within Australian airspace meet stringent safety standards, thus protecting both passengers and the general public. The Civil Aviation Safety Regulations 1998 further clarify that ADs are legislative instruments, which are disallowable under section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety of the aircraft to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. The AD/PA-34/29 Amdt 2, issued by CASA, affecting Piper PA-34 aircraft, has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs) in Australia, which are legislative instruments made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act. These ADs are intended to address issues pertaining to the continuing airworthiness of aircraft and aeronautical products, thus ensuring the safety of air navigation. The scope of the ADs extends to all aircraft and aeronautical products that are subject to the regulations, with the State of Registry bearing the primary responsibility for the continuing airworthiness of individual aircraft. The ADs are aligned with international standards as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design. The ADs serve as the primary means of communicating continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The geographic and jurisdictional reach of these regulations is national, as they apply within Australia and align with international obligations. The ADs may be subject to amendments or cancellations based on Australia’s obligations under international conventions, as demonstrated by the cancellation of AD/PA-34/29 Amdt 2 affecting Piper PA-34 aircraft, which was cancelled due to international obligations and did not require public consultation or a Regulatory Impact Statement. The ADs are made by CASA in accordance with the legislative framework provided by the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations that are essential for the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations are significant. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes the obligation to provide necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of an individual aircraft and must develop or adopt requirements to meet this responsibility. CASA, acting on behalf of Australia, has issued an AD for Piper PA-34 aircraft, which has since been reviewed and subsequently cancelled. The consequences for breach of these obligations or failure to comply with the requirements set forth in the Civil Aviation Safety Regulations 1998 can be substantial. While specific offences and penalties are not detailed in the provided text, it is implicit that non-compliance with ADs could lead to severe consequences under both civil and criminal law. These consequences might include fines, imprisonment, or other regulatory actions that could affect the airworthiness of an aircraft, potentially leading to safety hazards in air navigation. The exact penalties would depend on the specific nature and severity of the breach, as well as the relevant laws governing such infractions.