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-38/20 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, enacted to regulate civil aviation in Australia and ensure the safety of air navigation, empowers the Governor-General to create regulations that serve the interests of safety. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, which delegate the Civil Aviation Safety Authority (CASA) with the responsibility to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. This regulatory framework is designed to maintain the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. This specific regulation concerns the cancellation of AD/PA-38/20 for Piper PA-38 aircraft, which has been executed in accordance with Australia’s international obligations, and no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, which are critical for ensuring the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety, while 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. The ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The ADs reflect the international obligation of the State of Design to provide necessary information for airworthiness, and their issuance is a common practice among ICAO Contracting States. In the specific case of AD/PA-38/20, which pertained to Piper PA-38 aircraft, CASA, acting in accordance with subsection 84A(2) of the Act, has decided to cancel the directive, effective from 18 December 2008, without the need for a replacement, due to obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This regulatory authority is derived from section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. Furthermore, subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily rest on CASA to ensure that ADs are issued in accordance with the requirements set out under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA is tasked with ensuring that the ADs are aligned with international standards and practices, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type has the responsibility to provide necessary information to maintain the aircraft’s airworthiness, while the State of Registry must develop or adopt appropriate requirements to ensure the continuing airworthiness of the aircraft.
In the case of the AD/PA-38/20 issued by CASA, which affects Piper PA-38 aircraft, the AD has been reviewed and subsequently cancelled by CASA. This cancellation is set to take effect on 18 December 2008, and no replacement AD is required. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, thereby obviating the need for public consultation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Regarding potential breaches of these regulations, the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs. However, general provisions under the Civil Aviation Act 1988 may apply, and failure to comply with ADs can lead to enforcement actions, including fines and potential criminal charges. The exact penalties would depend on the nature and severity of the non-compliance, and any associated risks to aviation safety.