AD/PA-38/11 Amdt 1 - Stabiliser Pulley Bracket Mounting Fitting and Empennage Attachments - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are designed to maintain the continuing airworthiness of aircraft. These ADs are legislative instruments as they are disallowable under the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, CASA has the responsibility to issue ADs to ensure compliance with continuing airworthiness standards. The Act allows CASA to cancel existing ADs, such as AD/PA-38/11 Amdt 1 affecting Piper PA-38 aircraft, which has been cancelled effective 18 December 2008, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This cancellation aligns with Australia’s international obligations and reflects CASA’s role in maintaining the safety and airworthiness of aircraft within Australia.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft and aeronautical products within Australia, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for particular types of aircraft or aeronautical products, with such directives being considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The application of these ADs is further informed by Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, is responsible for the continuing airworthiness of individual aircraft. As a result of Australia's international obligations, CASA issued and subsequently cancelled AD/PA-38/11 Amdt 1 for Piper PA-38 aircraft, with the cancellation taking effect from 18 December 2008. Given the nature of the AD's cancellation in compliance with international aviation standards, there was no requirement for public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that are critical for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that the aircraft and their components remain airworthy throughout their operational lives. Section 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. The obligations imposed by the Act and the subsequent regulations are multifaceted. Firstly, the State of Design holds overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This entails providing all necessary information to the appropriate States of Registry to maintain airworthiness. Secondly, the State of Registry of an individual aircraft is mandated to develop or adopt requirements to ensure that each aircraft under its purview remains airworthy. These requirements often manifest in the form of ADs, which are issued by most ICAO Contracting States, including Australia through CASA. Failure to comply with the requirements set forth by the ADs can result in significant legal and operational consequences. The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, does not explicitly detail the penalties for non-compliance with ADs. However, the broader framework of civil aviation law in Australia implies that non-compliance could lead to enforcement actions by CASA, which might include administrative penalties, grounding of the aircraft, or other regulatory sanctions. The severity of these consequences would be commensurate with the extent of the non-compliance and the potential risk posed to aviation safety. In a specific instance, CASA issued AD/PA-38/11 Amdt 1, which affected Piper PA-38 aircraft. This AD has since been reviewed and subsequently cancelled by CASA, with the cancellation set to take effect on 18 December 2008. The decision to cancel the AD was influenced by Australia's commitments under the Convention on International Civil Aviation, thereby negating the need for public consultation or the preparation of a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes and Structures, within the Airworthiness Engineering Group of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This action underscores CASA's commitment to ensuring that all regulatory measures align with international obligations and safety standards.