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. 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.
CASA and its predecessors issued AD/PA-36/18 specifying periodic inspection of the wing main spar carry-through assembly in Piper PA-36 aircraft. AD/PA-36/18 is intended to match AD 79‑01-03 issued for the Piper PA-36 in the USA, the State of Design of the Piper PA-36. CASA has reviewed AD/PA-36/18 and has decided to amend it to more closely match AD 79-01-03. The amendment, AD/PA-36/18 Amendment 1, will become effective on 12 March 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation in Australia and aims to ensure the safety of air navigation. As an integral part of this legislative framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products under regulation 39.001. These ADs, which are legislative instruments, are issued to ensure the continuing airworthiness of aircraft and to comply with Australia's obligations under the Convention on International Civil Aviation. Specifically, AD/PA-36/18 Amendment 1, issued by CASA to mandate periodic inspection of the wing main spar carry-through assembly in Piper PA-36 aircraft, is intended to align with a corresponding directive issued by the USA, the State of Design for the Piper PA-36. This amendment is effective from 12 March 2009, cancelling and replacing the previous directive, and has been made in accordance with the legislative authority granted under the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and compliance with international standards. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design and subsequently the State of Registry. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate and, if necessary, issue corresponding ADs to align with those from the aircraft's State of Design, such as the United States for the Piper PA-36 aircraft. This process involves assessing the ADs issued by the State of Design and ensuring that Australian ADs effectively mandate the required safety measures. The issuance of such ADs is governed by Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. An AD is a legislative instrument as outlined in section 46A of the Acts Interpretation Act 1901, and it is governed by the Legislative Instruments Act 2003. These directives serve to ensure the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for maintaining airworthiness and mandates the provision of necessary information to States of Registry.
Entities governed by these regulations, particularly CASA, are obligated to adhere to the provisions set forth in these airworthiness directives. CASA, acting as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that the standards set forth in international agreements are met and that aircraft on the Australian Register maintain their airworthiness. Furthermore, the State of Registry must establish or adopt requisite measures to uphold the continuing airworthiness of aircraft, consistent with the obligations under Annex 8.
Failure to comply with an AD can lead to severe consequences. While the specifics of these consequences are not detailed in the provided text, it is known that non-compliance can result in regulatory actions, including enforcement measures by CASA. The exact nature of these actions, such as fines or other penalties, is not specified in the provided excerpt, but the overarching principle is that adherence to airworthiness directives is mandatory to ensure safety standards are upheld.
The text also notes that due to the international nature of these directives and the specific obligations under the Convention on International Civil Aviation, public consultation is not required for these ADs. Additionally, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary for these legislative instruments, simplifying the process for issuing and enforcing ADs. The amendment to AD/PA-36/18, which will become effective on 12 March 2009, replaces the previous directive and aims to more closely align with the equivalent directive issued by the USA, the State of Design for the Piper PA-36 aircraft.