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-34/33 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, 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 regulate civil aviation activities in Australia, ensuring safety and efficiency within the aviation sector. The Act grants the Governor-General the authority to make regulations in the interests of the safety of air navigation. Complementing the Act, the Civil Aviation Safety Regulations 1998 provide a framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are critical instruments for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. CASA has the responsibility to issue and manage these directives, ensuring compliance with both domestic regulations and international obligations. In this instance, CASA has cancelled a specific AD affecting Piper PA-34-200T aircraft, effective from 23 October 2008, without the need for public consultation or a Regulatory Impact Statement, due to the directive's alignment with Australia's international commitments.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the Act, CASA has the authority to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. The ADs serve as a primary means of communication for ensuring that aircraft remain airworthy and comply with safety standards. Notably, the cancellation of an AD, such as AD/PA-34/33 affecting Piper PA-34-200T aircraft, is a result of international obligations and does not require public consultation or a Regulatory Impact Statement. This cancellation, effective from 23 October 2008, does not necessitate the issuance of a replacement AD.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they serve as a critical mechanism for maintaining the airworthiness of aircraft in line with international standards. Under subregulation 39.001(5), ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to issue ADs to ensure the continuing airworthiness of aircraft types. The State of Design is mandated by Annex 8 to the Convention on International Civil Aviation to oversee the airworthiness of aircraft types, providing necessary information to States of Registry. Conversely, the State of Registry is responsible for ensuring the ongoing airworthiness of individual aircraft, requiring them to develop or adopt specific requirements to maintain airworthiness standards. In this context, CASA, acting as the State of Registry for Australian-registered aircraft, has issued and subsequently cancelled AD/PA-34/33, affecting Piper PA-34-200T aircraft. The cancellation, effective from 23 October 2008, was made without public consultation and does not necessitate a Regulatory Impact Statement.
The cancellation of AD/PA-34/33 by CASA is a direct result of Australia's obligations under the Convention on International Civil Aviation. This action was taken by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. While the cancellation eliminates the need for a replacement AD, it underscores CASA's commitment to ensuring that Australian-registered aircraft meet international safety standards. Any breach of the obligations and requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could lead to significant consequences, including the potential for civil or criminal penalties, depending on the nature and severity of the breach.