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-36/7 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, enacted by the Commonwealth Parliament, is designed to regulate civil aviation in Australia with a focus on safety and efficiency. This Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to implement measures that ensure the safety of air navigation. One such measure is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that serve to maintain the airworthiness of aircraft and aeronautical products. These directives are crucial for ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly for the State of Registry and the State of Design. The cancellation of AD/PA-36/7 affecting Piper PA-36 aircraft is an example of how CASA exercises its regulatory powers under this framework, demonstrating the dynamic nature of aviation safety regulations and their alignment with international obligations. The absence of public consultation and the determination by the Office of Best Practice Regulation that ADs do not require a Regulatory Impact Statement underscore the efficiency of the regulatory process.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type with the State of Design and requires the State of Registry to ensure the continuing airworthiness of individual aircraft. This regulatory framework applies to all entities and persons involved in the design, manufacture, and operation of aircraft within Australia, encompassing a wide range of industries and conduct. Although the ADs are issued on a national level, they are intended to maintain international standards of safety and airworthiness. Any exclusions or exemptions from these regulations would need to be explicitly stated in the relevant legislative or regulatory texts, which are not detailed in the provided explanatory statement. The scope and application of these regulations may also be extended or restricted through subordinate instruments, though this is not elaborated upon in the given text.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This is a crucial provision as it allows CASA to mandate safety measures and ensure that aircraft maintain the required safety standards (regulation 39.001(5)). These directives are legislative instruments, and their disallowance is governed by section 46A of the Acts Interpretation Act 1901, in conjunction with section 6 of the Legislative Instruments Act 2003. Such regulations are designed to align with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring continuing airworthiness on the State of Design and the State of Registry.
The obligations imposed by these regulations are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is tasked with developing or adopting requirements to maintain airworthiness for individual aircraft. CASA, as the authority responsible for enforcing these obligations, must ensure that the ADs are issued and enforced appropriately. This includes reviewing existing ADs, such as the one affecting Piper PA-36 aircraft, and making changes as necessary based on international obligations or new safety information.
In the case of the AD/PA-36/7, CASA has determined that it should be cancelled due to Australia's obligations under the Convention on International Civil Aviation. This cancellation is effective as of 12 March 2009, and no replacement AD is required. The decision not to consult with the Australian public or to prepare a Regulatory Impact Statement was made by the Office of Best Practice Regulation, which determined that ADs do not necessitate such measures. The AD was issued by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Breaching the provisions of these regulations can lead to serious consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which could lead to grounding or other enforcement actions by CASA. While the specific penalties for non-compliance are not detailed in the text, they can include significant fines and other legal actions. These measures are intended to ensure that all parties adhere to the highest safety standards and that aircraft remain airworthy at all times.