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-36/5 Amdt 1 affecting Piper PA-36 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 comprehensive legislative framework for the regulation of civil aviation in Australia. This Act enables the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the ongoing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. Given their legislative nature, ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are treated as legislative instruments under the Legislative Instruments Act 2003. The recent cancellation of AD/PA-36/5 Amdt 1, which affected Piper PA-36 aircraft, exemplifies CASA's commitment to maintaining high safety standards and aligns with Australia's international obligations, thereby obviating the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring the ongoing airworthiness and safety of these entities. ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must comply with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, holds the responsibility for the continuing airworthiness of individual aircraft, aligning with international standards and obligations. The specific AD/PA-36/5 Amdt 1 for Piper PA-36 aircraft was reviewed and subsequently cancelled by CASA, effective from 12 March 2009, due to Australia's commitments under the Convention on International Civil Aviation, with no replacement directive required. The cancellation process did not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This AD was made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group at CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General can create regulations aimed at enhancing air navigation safety. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various aircraft and aeronautical products. This regulatory power ensures that CASA can address any safety issues that may arise with specific types of aircraft or aeronautical products.
The obligations imposed by this legislation primarily fall on CASA and the States of Registry. CASA is tasked with issuing ADs as necessary to maintain the continuing airworthiness of aircraft types, as outlined in regulation 39.001. This includes developing or adopting requirements to ensure the safety and airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry for an individual aircraft has the responsibility of ensuring that the aircraft remains airworthy, in accordance with these regulations and directives.
Under 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 is responsible for the individual aircraft. This division of responsibilities ensures that both the design and the registry states work together to maintain high safety standards. In this context, CASA’s role is to ensure that any safety concerns identified with specific aircraft types are addressed promptly through the issuance of ADs.
The Civil Aviation Safety Regulations 1998 also establish that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. This means that ADs must comply with legislative scrutiny and can be reviewed and potentially disallowed by Parliament. Additionally, while ADs are not required to undergo public consultation or a Regulatory Impact Statement, they must adhere to the obligations set out in international and domestic aviation safety regulations.
Failure to comply with ADs can result in severe consequences. CASA has the authority to enforce compliance with ADs, and non-compliance can lead to civil or criminal penalties. These may include fines, suspension or revocation of airworthiness certificates, and in severe cases, criminal charges. The exact penalties depend on the severity of the non-compliance and the specific circumstances of the case, but they are intended to ensure that all stakeholders adhere to the highest safety standards.