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 2005-15-10, affecting The New Piper PA 34 model aircraft. The United States is the State of Design for this model aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to change. The amended AD, AD/PA-34/51 Amendment 1, will become effective on 29 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, New Technologies and Systems, 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 regulate civil aviation in Australia, particularly focusing on ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General can make regulations that serve the interests of aviation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. This legislation addresses the need for coordinated international standards and national measures to ensure aircraft safety, reflecting Australia's obligations under the Convention. The ADs, being legislative instruments, are subject to disallowance and scrutiny as per the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness in Australia, with specific focus on the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98 for the purpose of the Act and in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Notably, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, thus, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This Act applies to all aircraft registered in Australia, and its jurisdictional reach is national, aligning with Australia’s obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft, including the assessment and implementation of ADs issued by the State of Design, such as the United States for certain aircraft models. The application of ADs is mandatory for the entities and persons involved in the maintenance, operation, and certification of affected aircraft, ensuring compliance with the stipulated safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as it pertains to the issuing of airworthiness directives, are found in section 98, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (section 39.001). These ADs are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (section 39.001(5)).
Under the obligations set out by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This involves assessing information from the State of Design, which has overall responsibility for the airworthiness of a type of aircraft, and issuing corresponding ADs as necessary. In this case, CASA amended an Australian AD in response to a directive from the United States Federal Aviation Administration (FAA) regarding the Piper PA 34 model aircraft. The AD, referred to as AD/PA-34/51 Amendment 1, mandates specific requirements to maintain the airworthiness of the affected aircraft (section 39.001).
There are no specific offences or penalties mentioned in the text for breach of these provisions, but general compliance with airworthiness directives is crucial. Failure to adhere to the requirements outlined in ADs could potentially lead to safety issues, which might result in legal consequences under other sections of the Civil Aviation Act 1988 or related aviation regulations. The effectiveness of the ADs in maintaining safety standards depends on the strict compliance by aircraft operators and maintenance personnel.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for CASA to issue airworthiness directives to ensure the safety of aircraft registered in Australia. These ADs are based on international standards and are issued in response to directives from the State of Design or other relevant authorities. The obligations placed on CASA and the potential consequences of non-compliance are significant, highlighting the importance of adhering to these directives to maintain air safety standards.