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-34/47 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 legislative framework ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to create regulations, such as those governing airworthiness directives, for the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives, which are legislative instruments, are intended to maintain the continuing airworthiness of aircraft and are aligned with international standards set by the Convention on International Civil Aviation. In accordance with these international obligations, CASA has the authority to issue, review, and cancel airworthiness directives as necessary, reflecting Australia's commitment to safety and compliance within the global aviation community.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. These ADs are legislative instruments designed to ensure the safety of air navigation. The ADs are integral to the continuing airworthiness of aircraft, with the State of Design bearing overall responsibility for ensuring the airworthiness of an aircraft type, and the State of Registry responsible for the individual aircraft. This legislation applies to aircraft registered in Australia and their manufacturers or operators, ensuring that safety standards are uniformly enforced across the Commonwealth. The ADs are subject to the Convention on International Civil Aviation, and as such, CASA’s actions, including the issuance and cancellation of ADs, are governed by international obligations. The cancellation of a specific AD, such as AD/PA-34/47 affecting Piper PA-34 aircraft, is made in accordance with the Act and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This AD cancellation reflects Australia's compliance with international standards and obligations under the Convention.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and management of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as critical tools to ensure that the aircraft remain airworthy throughout their operational lives. It is important to note that under subregulation 39.001(5), an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901, and hence, it is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are multifaceted. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This obligation includes providing necessary information to the State of Registry to maintain the airworthiness of the aircraft. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. These requirements are pivotal in ensuring that aircraft meet the necessary safety standards at all times. CASA, acting on behalf of the State of Registry, issued AD/PA-34/47 for Piper PA-34 aircraft, but subsequently reviewed and cancelled this directive. The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and it will become effective on 23 October 2008. Notably, no replacement AD is required.
Failure to comply with the requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. The ADs issued by CASA are designed to prevent any non-compliance that might compromise the safety of air navigation. If any entity, such as an aircraft operator or manufacturer, fails to adhere to the ADs, they could face civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the relevant jurisdictional laws. For example, failure to comply with an AD could lead to fines, aircraft grounding, or even criminal charges in severe cases. CASA has the authority to enforce these regulations to ensure that all parties maintain the required safety standards.