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-34/40 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 a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations that support these objectives, as seen in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives, which are legislative instruments intended to maintain the airworthiness of aircraft and aeronautical products. The policy objective underpinning this legislation is to align Australian practices with international standards set by the International Civil Aviation Organization (ICAO), particularly concerning the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 and the subsequent issuance of airworthiness directives are designed to meet the requirements of Annex 8 to the Convention on International Civil Aviation, ensuring that both the State of Design and the State of Registry are held accountable for the airworthiness of aircraft.
In light of Australia's international obligations, CASA has the authority to issue, review, and cancel airworthiness directives as necessary. The cancellation of AD/PA-34/40 for Piper PA-34 aircraft, effective from 23 October 2008, exemplifies this authority. Given the nature of these directives and their alignment with international standards, no public consultation or Regulatory Impact Statement was required. The decision to cancel the directive was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft, aligning with the overarching obligations of the State of Design and the State of Registry as delineated in Annex 8 of the Convention on International Civil Aviation. The ADs serve as a fundamental mechanism for maintaining safety standards and are recognised as legislative instruments, disallowable under the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. The application of these regulations extends to all entities involved in the operation and maintenance of aircraft within Australia, ensuring compliance with both national and international safety standards. Despite the cancellation of specific directives such as AD/PA-34/40 due to international obligations, the overarching framework remains in place, subject to the continuous review and oversight by CASA.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) under section 98. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue these directives for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
In terms of obligations, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. This entails providing necessary information to the State of Registry to maintain the aircraft's airworthiness. The State of Registry, in turn, must establish or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This regulatory framework ensures that both the State of Design and the State of Registry work collaboratively to uphold safety standards.
The Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to maintain safety standards. For example, CASA or its predecessors issued AD/PA-34/40 affecting Piper PA-34 aircraft. However, following a review, CASA has cancelled this AD, effective from 23 October 2008, without the need for a replacement directive. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and has been made without public consultation or the requirement for a Regulatory Impact Statement.
Regarding penalties, any breach of the ADs could result in significant consequences. Although the specific regulations do not detail the penalties, non-compliance with ADs could lead to enforcement actions under the Civil Aviation Act 1988, potentially including fines and other civil or criminal penalties. The exact penalties would depend on the nature and severity of the breach, but they are designed to enforce compliance and ensure the safety of air navigation.