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.
CASA issued AD/PA-36/3, affecting Piper PA-36 model aircraft in 1974. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations that safeguard the interests of air navigation safety. One such regulation is found in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The objective of issuing ADs is to comply with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing and implementing these directives to maintain safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being legislative instruments as per the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft and are mandated under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the ongoing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is required to review and, if necessary, issue corresponding Australian ADs based on directives from the State of Design. This regulatory framework applies to all aircraft registered in Australia, ensuring compliance with international standards and local regulatory requirements. The scope of these regulations extends to mandating compliance with safety standards, with exclusions or thresholds determined by CASA based on specific safety assessments and the nature of the aircraft involved. The application of these regulations is thus comprehensive, covering all aircraft and aeronautical products within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act's purposes and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation also states that an AD is a disallowable instrument, which means it is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, which is the State where an aircraft type is designed, is responsible for providing necessary information to ensure the airworthiness of the aircraft type, and the State of Registry must implement these requirements. In this case, CASA has issued AD/PA-36/3 for Piper PA-36 model aircraft, but has subsequently decided to cancel it as of 17 January 2008. This cancellation is due to the original unsafe condition being addressed by AD/GENERAL/74 Amendment 1, and no replacement AD is required.
CASA's issuance of ADs is subject to the obligations imposed by Annex 8 to the Convention on International Civil Aviation. This means CASA must ensure that any ADs issued are in line with international standards and practices. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. It is important to note that no consultation with the Australian public was necessary for this cancellation, as it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
In terms of potential consequences, any failure to comply with an AD can lead to serious safety issues. Although the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance with ADs, CASA may take enforcement action against aircraft operators who fail to comply with an AD. Such action could include grounding the aircraft, imposing fines, or pursuing legal action. Furthermore, failure to comply with an AD could result in serious safety incidents, which could lead to criminal charges under other relevant legislation, such as the Criminal Code Act 1995.