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-34/35 affecting Piper PA-34-220T 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 a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which are then enforced by the Civil Aviation Safety Authority (CASA). One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft, as mandated under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to ensure airworthiness. In compliance with these international obligations, CASA issued and subsequently cancelled AD/PA-34/35 concerning Piper PA-34-220T aircraft, effective from 23 October 2008, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This cancellation aligns with Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives, as defined in regulation 39.001, are legislative instruments under the Legislative Instruments Act 2003 and are designed to uphold the safety of air navigation. The ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. The specific AD/PA-34/35 concerning Piper PA-34-220T aircraft was issued by CASA and subsequently cancelled on 23 October 2008 due to Australia’s international obligations under the Convention on International Civil Aviation, thereby rendering it unnecessary to consult the Australian public or prepare a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument pursuant to the Legislative Instruments Act 2003. These directives play a crucial role in maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for this aspect.
The obligations under these regulations require CASA to ensure the safety and continuing airworthiness of aircraft types registered in Australia. This includes the responsibility of the State of Registry to implement or adopt requirements necessary for maintaining the airworthiness of individual aircraft. In this context, CASA has issued AD/PA-34/35, which affected Piper PA-34-220T aircraft, but has subsequently reviewed and decided to cancel this directive, effective from 23 October 2008. The cancellation is a result of Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation was undertaken for this action. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The issuance of ADs by CASA is conducted under subsection 84A(2) of the Civil Aviation Act 1988, carried out by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA. This legislative framework ensures that any safety issues identified with specific aircraft types are addressed promptly and effectively through the issuance and management of airworthiness directives. Any breach of these regulations can result in significant consequences, although specific offences and penalties are not detailed in the provided text. Nonetheless, the overarching aim is to uphold the highest safety standards in civil aviation in Australia.