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-34/31 affecting Piper PA-34 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, Airframes 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 for the safety of civil aviation in Australia, with particular emphasis on the safety of air navigation. This legislation empowers the Governor-General to make regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998. Under regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. This regulatory framework aligns with Australia's obligations under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. CASA, as the regulatory authority, has exercised its power to cancel a particular AD (AD/PA-34/31) affecting Piper PA-34 aircraft, effective from 23 October 2008, without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This action was taken in accordance with the Act and represents a measure to uphold international standards of airworthiness.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for ensuring the safety of air navigation in Australia. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General has the power to enact regulations that serve the interests of air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. The airworthiness directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they are issued in accordance with the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as per the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, oversees the individual aircraft's airworthiness. The scope of this legislation applies to all aircraft operating within Australian jurisdiction and is in line with international obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, specifically section 98, allow the Governor-General to make regulations in the interests of air navigation safety. This power is exercised through the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The legislative status of ADs is further clarified by subregulation 39.001(5), which aligns with section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, establishing ADs as legislative instruments. Annex 8 of the Convention on International Civil Aviation underscores the State of Design's responsibility for the continuing airworthiness of an aircraft type, mandating the provision of necessary information to States of Registry to ensure ongoing airworthiness. Conversely, the State of Registry holds the responsibility for the continuing airworthiness of individual aircraft, requiring the development or adoption of appropriate requirements as outlined in Annex 8.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that CASA, as the regulatory authority, must ensure the continuing airworthiness of aircraft through the issuance of ADs where necessary. CASA's role involves reviewing existing ADs and making amendments or cancellations based on evolving safety standards or international obligations. The State of Design must also play its part by providing essential information to States of Registry to support the maintenance of airworthiness. This international cooperation ensures that safety standards are consistently upheld across borders. The State of Registry must then implement and enforce these directives to ensure that individual aircraft meet the required safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific consequences for non-compliance with airworthiness directives. While the text does not detail specific offences or penalties, it is reasonable to infer that non-compliance could lead to safety risks and potential legal action. The cancellation of AD/PA-34/31 affecting Piper PA-34 aircraft, as mentioned in the text, exemplifies the regulatory authority's response to safety concerns and international obligations. The process of issuing, reviewing, and cancelling ADs is crucial in maintaining the safety of air navigation and ensuring that aircraft meet the required safety standards. Failure to adhere to these directives could result in significant legal and safety repercussions, including potential civil or criminal liability for those responsible for the aircraft's maintenance and operation.