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 Airworthiness Limitation for 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 limitation or AD to mandate the requirements of the State of Design.
In 1980 and 1982 Piper Aircraft Corporation published Service Bulletin No. 673 and 673A respectively, specifying replacement of a component in the landing gears of the Piper PA-38-112 aircraft. CASA’s predecessors issued AD/PA-38/16 and Amendment 1 to match the requirement in Service Bulletin No. 673 and 673A. In 1986 Piper Aircraft Corporation published Service Bulletin No. 673B. The USA Federal Aviation Administration issued Airworthiness Directive 90-19-03 to mandate Service Bulletin No. 673B. The USA is the State of Design for this aircraft type. CASA’s predecessors did not amend AD/PA-38/16 or otherwise mandate 673B because of the Australian policy in 1986 regarding Airworthiness Directives for landing gears in single-engined aircraft. This policy is no longer current. In 2008 CASA reviewed all ADs applicable to the Piper PA-38 aircraft, including AD/PA‑38/16. CASA decided to amend AD/PA-38/16 to match USA AD 90-19-03. This AD will become effective on 18 December 2008.
As this AD is issued because of Australia’s obligations under the Convention on International Civil Aviation, and because it is issued in response to an Airworthiness Directive 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 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 for the regulation of civil aviation within Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98 for these purposes. The Civil Aviation Safety Regulations 1998, in turn, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The issuance of these ADs, as legislative instruments, aims to ensure compliance with international safety standards and the continuing airworthiness of aircraft registered in Australia. This legislative framework addresses the need for a robust and internationally consistent approach to maintaining the safety and airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 was enacted by the Australian Parliament, with the intent to harmonise national regulations with international standards, ensuring the safety and efficiency of civil aviation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs apply to any aircraft or aeronautical product within the Australian jurisdiction, and they are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, particularly through the State of Design’s responsibility for continuing airworthiness, and the State of Registry’s requirement to implement these directives. The ADs are issued to maintain the continuing airworthiness of aircraft registered in Australia, ensuring compliance with international standards and Australian regulations. The ADs do not require public consultation or a Regulatory Impact Statement as they are issued in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are multifaceted. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. For Australia, this means that CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian limitation or AD to enforce the required safety measures. This process ensures that all aircraft registered in Australia comply with international standards and practices. Moreover, the State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, ensuring that all regulatory obligations are met.
Failure to comply with an AD can result in significant legal consequences. The Civil Aviation Safety Regulations 1998, under section 39.005, impose penalties for non-compliance with ADs. These penalties can include both civil and criminal sanctions, reflecting the serious nature of safety breaches in aviation. The maximum penalties for non-compliance can be substantial, underscoring the importance of adhering to ADs. CASA has the authority to enforce these penalties, ensuring that all parties comply with the safety standards set forth in the ADs. This enforcement mechanism is crucial in maintaining the high safety standards required in the aviation industry.
The issuance of the AD in question, which mandates the replacement of a component in the landing gear of the Piper PA-38-112 aircraft, follows a thorough review by CASA. This review was prompted by changes in Australian policy regarding airworthiness directives for landing gears in single-engined aircraft. Given the international obligations under the Convention on International Civil Aviation and the need to align with the directives issued by the USA, the State of Design for this aircraft type, CASA decided to amend the existing AD to match the USA's AD 90-19-03. This decision ensures that Australian aviation standards remain in line with international best practices, thereby enhancing overall safety.