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-34/30 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 to regulate civil aviation in Australia, empowers the Governor-General to establish regulations for the safety of air navigation, and it is under this Act that the Civil Aviation Safety Regulations 1998 were formed. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further specify that an airworthiness directive is a disallowable instrument, thus making it a legislative instrument under the Legislative Instruments Act 2003. The objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for an aircraft type's airworthiness to the State of Design and mandates the dissemination of necessary information to the States of Registry. The cancellation of a particular airworthiness directive concerning Piper PA-34-200T aircraft, which occurred due to Australia's obligations under the aforementioned Convention, was executed by CASA without public consultation, as determined by the Office of Best Practice Regulation, which found that such directives do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, apply to all aircraft and aeronautical products that fall under the jurisdiction of the Civil Aviation Act 1988, with a specific focus on ensuring the safety of air navigation. Regulation 39.001 of these Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that govern the continuing airworthiness of specific types of aircraft or aeronautical products. This regulatory authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety. Furthermore, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are crucial for ensuring compliance with international standards set forth by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design remains responsible for the continuing airworthiness of an aircraft type. The State of Registry, which in this context refers to Australia, must also develop or adopt requirements to ensure the continuing airworthiness of registered aircraft. In the specific case of the AD/PA-34/30 concerning Piper PA-34-200T aircraft, CASA has exercised its authority to cancel the directive due to Australia's obligations under the Convention on International Civil Aviation, with the cancellation taking effect on 23 October 2008. No public consultation was necessary for this cancellation, and it has been determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Key Provisions
The Civil Aviation Act 1988, as amended, includes provisions that allow the Governor-General to create regulations that ensure the safety of air navigation (Section 98). According to Regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs are legislative instruments and are disallowable in accordance with section 46A of the Acts Interpretation Act 1901. It is important to note that the State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure the continuing airworthiness of the type. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must develop or adopt requirements to ensure this.
Under these regulations, CASA has the authority to issue ADs, which are critical tools for maintaining the safety and airworthiness of aircraft. For example, CASA issued AD/PA-34/30, which applied to Piper PA-34-200T aircraft. Following a review, CASA decided to cancel this AD, effective from 23 October 2008. The cancellation was made without public consultation because it was necessitated by Australia’s obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA made this AD cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
There are potential legal consequences for non-compliance with ADs and the regulations that govern them. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive may result in various penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act. It is imperative for operators and other relevant parties to adhere to the ADs to avoid these penalties and ensure the safety of air navigation.