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-36/8 specifying periodic inspection of the wing attachment fittings in Piper PA-36 aircraft. AD/PA-36/8 is intended to match AD 77-02-06 issued for the Piper PA-36 in the USA, the State of Design of the Piper PA-36. CASA has reviewed AD/PA-36/8 and has decided to amend it to more closely match AD 77-02-06. The amendment, AD/PA-36/8 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 was enacted to regulate the safety aspects of civil aviation in Australia, ensuring that the operations and maintenance of aircraft meet the necessary safety standards. This Act, administered by the Civil Aviation Safety Authority (CASA), empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements to ensure the continuing airworthiness of aircraft types registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The issuing of these directives is a critical function of CASA, ensuring compliance with international safety obligations and maintaining the safety of aircraft operating within Australia's jurisdiction.
Scope and Application
The Civil Aviation (Airworthiness Directive) Amendment (No. 2) Instrument 2009 (F2009L00463) amends the Civil Aviation (Airworthiness) Regulations 1998 to update the airworthiness directive concerning periodic inspections of wing attachment fittings in Piper PA-36 aircraft. This amendment applies to the State of Registry of individual aircraft within Australia, specifically targeting aircraft registered under Australian law. The regulations mandate that the continuing airworthiness of aircraft is overseen by the State of Registry, and in this case, CASA is responsible for ensuring that Australian-registered aircraft meet the safety standards set forth by the State of Design, which for the Piper PA-36 is the United States. The issuance of this airworthiness directive aligns with Australia's obligations under the Convention on International Civil Aviation and is intended to harmonise Australian safety standards with those of the United States. No public consultation is required for this directive as it is issued in response to international obligations and standards, and the Office of Best Practice Regulation has determined that such airworthiness directives do not necessitate a Regulatory Impact Statement.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation (section 98). In line with this, 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. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003 (subsection 39.001(5)). ADs are a primary means through which the State of Design communicates necessary information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation.
The State of Registry of an individual aircraft, which in Australia is CASA, is responsible for ensuring the aircraft's continuing airworthiness. This includes developing or adopting requirements to maintain airworthiness, and responding to ADs issued by the State of Design. In the case of the Piper PA-36 aircraft, CASA has issued AD/PA-36/8, which specifies periodic inspection of the wing attachment fittings, aligning with the corresponding directive issued by the United States, the State of Design for the Piper PA-36. CASA has decided to amend AD/PA-36/8 to more closely match the U.S. directive AD 77-02-06, with the amendment, AD/PA-36/8 Amendment 1, becoming effective on 12 March 2009.
Compliance with this AD is mandatory for operators of the affected aircraft, and they must adhere to the specified inspection and maintenance requirements to ensure the aircraft remains airworthy. CASA’s role involves assessing the need for ADs and issuing corresponding Australian ADs when necessary. The process for issuing these ADs is governed by internal CASA procedures, ensuring they meet the requirements set forth by international conventions and the Civil Aviation Safety Regulations 1998.
Given the international obligations under the Convention on International Civil Aviation and the nature of ADs, there has been no consultation with the Australian public regarding this specific AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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 Civil Aviation Act 1988.
Breach of the requirements outlined in an AD can lead to severe consequences, including potential grounding of the aircraft, fines, and other enforcement actions by CASA. In more serious cases, non-compliance could result in criminal charges. The specific penalties for breaches depend on the severity of the violation, but they can include substantial fines and imprisonment for individuals found guilty of non-compliance.