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 US FAA issued AD 2005-13-16, affecting PA-34 aircraft, in 2005. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to the related Piper Service Bulletin. The amended AD, AD/PA-34/43 Amendment 2, will become effective on 28 September 2006. 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 legislative framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Specifically, the Act facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. These directives are a legislative instrument, as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for an aircraft type's continuing airworthiness. CASA, as the national airworthiness authority, assesses and, if necessary, issues Australian ADs in response to directives from the relevant State of Design. This particular AD, issued in response to a directive from the United States Federal Aviation Administration regarding PA-34 aircraft, has been amended to update references to a related Piper Service Bulletin and will take effect on 28 September 2006.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives apply to all entities operating or maintaining aircraft within Australia and are essential for ensuring the continuing airworthiness of aircraft registered in the country. The regulations apply nationally, reflecting Australia's commitment to international standards as set by Annex 8 of the Convention on International Civil Aviation. Under this framework, the State of Design has the overarching responsibility for the airworthiness of aircraft types, while the State of Registry, in this case CASA, must implement and enforce the ADs. This legislative instrument is a disallowable instrument, meaning it can be annulled by either house of the Parliament within a specified period, and it operates without the need for consultation with the public or a Regulatory Impact Statement, as it is directly tied to international obligations and industry requests. The ADs are designed to ensure compliance with international safety standards and are issued in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for issuing airworthiness directives (ADs) in Australia, ensuring the safety of aircraft in operation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under the provisions of these regulations, CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design by assessing the information and issuing an Australian AD if appropriate. This ensures that the continuing airworthiness of aircraft types registered in Australia is maintained in line with international standards, specifically under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, is responsible for ensuring the ongoing airworthiness of individual aircraft, and must either develop or adopt requirements to meet these standards.
In the case of the PA-34 aircraft, a type designed in the United States, CASA has amended the Australian AD in response to a US Federal Aviation Administration (FAA) directive issued in 2005 (AD 2005-13-16). The amended AD, AD/PA-34/43 Amendment 2, updates references to a related Piper Service Bulletin and will become effective on 28 September 2006, replacing the previous AD. Given that this AD is issued in response to an AD by the relevant State of Design and is in accordance with international obligations under the Convention on International Civil Aviation, no consultation with the Australian public was required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The Civil Aviation Safety Regulations 1998 also outline the obligations of aircraft operators and owners to comply with ADs. Failure to comply with an AD can lead to severe consequences, including potential grounding of the aircraft until compliance is achieved. In terms of legal repercussions, section 91(1) of the Civil Aviation Act 1988 makes it an offence to contravene any regulation, which could result in significant fines or even imprisonment, depending on the severity of the breach. The specific penalties are determined by the nature and extent of the non-compliance and can vary accordingly.