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-36/4 affecting Piper PA-36-285 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 March 2009. 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 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA has exercised its regulatory authority to cancel AD/PA-36/4, which affected Piper PA-36-285 aircraft, effective from 12 March 2009, without the need for public consultation or a Regulatory Impact Statement, in line with Australia's obligations under the Convention. The cancellation was made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the ongoing safety and airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products, with such directives being legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for continuing airworthiness as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for ensuring an aircraft type's airworthiness, and the State of Registry must implement measures to maintain the airworthiness of individual aircraft. The issuance and cancellation of such directives, including AD/PA-36/4 for Piper PA-36-285 aircraft, are conducted by CASA in alignment with its statutory powers and international obligations. This particular AD cancellation, effective from 12 March 2009, was necessitated by Australia's commitments under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with specific emphasis on the issuance and management of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that promote safety in 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, with these directives being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that ADs are legislative instruments, as confirmed by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations require CASA to issue ADs to maintain the airworthiness of aircraft. Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. In practice, this means that CASA, as the Australian State of Registry, must issue ADs to ensure compliance with these international standards and to address any safety issues identified with specific aircraft types.
Failure to comply with the ADs issued by CASA can result in serious consequences. The Act and Regulations do not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs, but non-compliance could potentially lead to enforcement actions under other sections of the Act or related regulations. These actions might include fines, suspension of airworthiness certificates, or other regulatory sanctions that could impact the operational status of the aircraft or the licensing of operators. The specific penalties would be determined by the regulatory authority in the context of any enforcement actions taken.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for the issuance of ADs to ensure the safety of air navigation. CASA has the authority to issue these directives, which are legislative instruments subject to disallowance. The obligations on CASA and aircraft operators are to ensure compliance with ADs to maintain airworthiness, with potential enforcement actions for non-compliance, although specific penalties are not detailed in the text provided.