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-38/13 affecting Piper PA-38 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 2008. 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 Manager, Systems and New Technologies 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory measures. One such measure is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are made under the authority of section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective is to align with international standards set by the Convention on International Civil Aviation, ensuring that Australian regulatory practices are consistent with global safety protocols. In this context, CASA has the authority to issue, review, and cancel ADs, such as AD/PA-38/13 affecting Piper PA-38 aircraft, which has been cancelled effective from 18 December 2008, due to Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments as defined under the Legislative Instruments Act 2003 and fall within the purview of the Civil Aviation Act 1988. The ADs are integral to ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, with the State of Design being responsible for providing necessary information to the State of Registry, which in turn must implement measures to maintain airworthiness. For instance, CASA issued AD/PA-38/13 concerning Piper PA-38 aircraft, which has subsequently been cancelled due to Australia's international obligations under the Convention. This cancellation, effective from 18 December 2008, does not require a Regulatory Impact Statement or public consultation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing and managing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulation underscores that ADs are considered legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for the ongoing airworthiness of individual aircraft. CASA, acting on behalf of the Australian government, issues these ADs to comply with international obligations and to safeguard aviation safety within Australia.
The obligations imposed by these provisions on CASA and other relevant parties are significant. CASA must ensure that ADs are issued in accordance with the regulations and international standards, reflecting Australia's commitment to the Convention on International Civil Aviation. The State of Registry must also adhere to the requirements set forth in Annex 8, developing or adopting necessary regulations to maintain airworthiness. These obligations ensure that aircraft remain safe and airworthy throughout their operational lives.
Failure to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. Offences under these regulations may lead to both civil and criminal penalties. While the specific penalties are not detailed in the text, such breaches typically involve fines or other civil penalties for non-compliance, with potential criminal penalties for more severe infractions. The exact penalties would depend on the nature and severity of the breach, but they serve as a deterrent to ensure adherence to safety standards.