AD/PA-34/8 - Wing Walk - Inspection and Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides a framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs to ensure the continuing airworthiness of aircraft and aeronautical products. As stated in the Explanatory Statement, CASA issued AD/PA-34/8 affecting Piper PA-34-200 aircraft, but this AD has since been cancelled. The cancellation was due to Australia’s obligations under the Convention on International Civil Aviation and was made by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA. No public consultation was required for this AD cancellation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs align with the standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. The State of Registry is then responsible for ensuring the continuing airworthiness of individual aircraft. CASA, as the regulatory authority, has issued, reviewed, and subsequently cancelled AD/PA-34/8, which affected Piper PA-34-200 aircraft, due to Australia’s obligations under the Convention. This cancellation, effective from 23 October 2008, does not require a replacement AD. The cancellation process did not involve public consultation, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This means CASA has the authority to mandate specific actions to maintain or improve the airworthiness of these aircraft types. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. Entities and parties governed by the Civil Aviation Act and the Civil Aviation Safety Regulations, particularly CASA, bear specific obligations under these provisions. The State of Design, which is the country responsible for the design of the aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type as per Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to the State of Registry to maintain airworthiness. The State of Registry, in this case, CASA, is mandated to develop or adopt requirements ensuring the ongoing airworthiness of the aircraft within Australia. This encompasses reviewing, issuing, and, when necessary, cancelling airworthiness directives to meet international safety standards. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose specific requirements and procedures for the issuance and cancellation of airworthiness directives. CASA’s review and subsequent cancellation of AD/PA-34/8, which affected Piper PA-34-200 aircraft, exemplifies this process. The cancellation was necessitated by Australia's obligations under the Convention on International Civil Aviation and became effective on 23 October 2008. Importantly, as this cancellation arose from international obligations, no consultation with the Australian public was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with the requirements of airworthiness directives can lead to significant legal consequences. The Civil Aviation Act 1988 and associated regulations outline potential civil and criminal penalties for non-compliance. While the specific penalties for breaching an airworthiness directive are not detailed in the provided text, generally, non-compliance can result in substantial fines, enforcement actions, and in severe cases, criminal charges. These penalties underscore the importance of adhering to airworthiness directives to maintain the safety standards required by both national and international aviation regulations.