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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA issued AD 93-24-14, affecting Piper PA-34 aircraft, in 1993. The United States of America is the State of Design for these aircraft models. The United States FAA has since issued AD 2005-13-16 which amends the original requirements of AD 93-24-14. As a result CASA has amended the equivalent Australian AD to AD/PA-34/43 Amendment 1. The amended AD will become effective on 1 September 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations for these purposes. One such regulation, under the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and serve as crucial mechanisms for maintaining the airworthiness of aircraft, aligning with international standards such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988, through its regulatory framework, addresses the need for a coordinated and systematic approach to managing aircraft safety and compliance across the nation, ensuring that both States of Design and States of Registry fulfill their respective responsibilities under international agreements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued and enforced within Australia. These regulations apply to all aircraft registered in Australia and the relevant operators, ensuring compliance with international standards set by the Convention on International Civil Aviation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs, which are binding and serve as legislative instruments, for particular types of aircraft or aeronautical products to maintain their airworthiness. The ADs are designed to address safety concerns identified by the State of Design and must be adopted and enforced by the State of Registry, in this case, CASA. Notably, the ADs are issued in accordance with international obligations and do not require public consultation or a Regulatory Impact Statement, as they are direct responses to international directives and focus on critical safety measures. The scope of the ADs extends to mandating specific requirements that must be met by aircraft operators to ensure continued safe operation, with failure to comply potentially leading to regulatory penalties.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, such as those found in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (39.001). These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are issued in line with international standards, such as Annex 8 to the Convention on International Civil Aviation (Chicago Convention).
The obligations under these regulations primarily concern the maintenance of aircraft safety and airworthiness. The State of Design, in this case, the United States, has the responsibility to ensure the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. Australia, as a State of Registry, must adopt or develop requirements to ensure the airworthiness of aircraft registered in its territory. When a State of Design issues an AD, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This is evident in the issuance of Australian AD/PA-34/43 Amendment 1, which updates and replaces the previous AD 93-24-14 issued by the United States Federal Aviation Administration (FAA) for Piper PA-34 aircraft.
In terms of legal consequences, failure to comply with an AD can result in serious civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to significant penalties. The exact penalties are not specified in the provided text, but they generally include fines and, in severe cases, imprisonment. Additionally, the operator of an aircraft that does not comply with an AD may be subject to enforcement actions by CASA, which could include grounding the aircraft or imposing operational restrictions. Such non-compliance not only endangers the safety of the aircraft but also poses significant risks to public safety and can result in severe legal and financial repercussions for the offending party.