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 1982 Piper Aircraft, Inc. published Service Bulletin No. 710 specifying periodic replacement of a component in the vertical fin of the Piper PA-38-112 aircraft. In 1983 CASA’s predecessors issued AD/PA-38/21 to match the requirement in Service Bulletin No. 710. In 1983 the USA Federal Aviation Administration issued Airworthiness Directive 82-27-08 specifying periodic inspection of the vertical fin, and similar periodic replacement of the component in the Piper PA-38-112 aircraft. The USA is the State of Design for this aircraft type. In 2008 CASA reviewed all ADs applicable to the Piper PA-38 aircraft, including AD/PA-38/21. As a result, CASA decided to amend AD/PA-38/21 to amendment 1 to more closely match USA AD 82‑27-08 (b) and (c). This AD will become effective on 18 December 2008. This AD cancels and replaces the previous issue.
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 in Australia, with a focus on safety and efficiency. This legislation was introduced to address the need for a comprehensive regulatory framework governing civil aviation, ensuring that safety standards are met and that the aviation industry operates within a structured legal environment. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of the safety of air navigation, as stated in section 98. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments used to mandate safety requirements for aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The policy objective is to ensure the continuing airworthiness of aircraft, thereby safeguarding the public and promoting efficient air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, 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, as authorised by section 98 of the Civil Aviation Act 1988. This Act applies to all entities involved in the operation and maintenance of aircraft registered in Australia, encompassing both individual aircraft operators and manufacturers. The ADs serve to mandate compliance with airworthiness standards set by the State of Design, which is responsible for the ongoing airworthiness of an aircraft type, and the State of Registry, which ensures that individual aircraft meet airworthiness standards. The ADs are legislative instruments under the Legislative Instruments Act 2003, and they align with international standards set by Annex 8 to the Convention on International Civil Aviation. While the issuance of ADs does not require public consultation or a Regulatory Impact Statement, they are meticulously crafted by CASA to reflect international standards and obligations, ensuring that Australian-registered aircraft meet global safety benchmarks.
Key Provisions
The Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are considered legislative instruments as per the Legislative Instruments Act 2003. The ADs serve as a critical form of continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the United States for the Piper PA-38-112 aircraft, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is obligated to assess such information and, if necessary, issue corresponding Australian ADs to enforce the requirements specified by the State of Design.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific duties on CASA and the States of Registry, including Australia. CASA must evaluate any airworthiness limitations or directives issued by the State of Design and determine if they need to be implemented in Australia. If deemed necessary, CASA must issue corresponding ADs. The State of Registry must ensure that all aircraft within its jurisdiction comply with the continuing airworthiness requirements, which includes adhering to the ADs issued by CASA. This regulatory framework ensures that the safety standards are uniformly maintained across international borders, in accordance with international aviation conventions.
Failure to comply with the airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance may be considered an offence, leading to potential criminal charges. Additionally, there may be civil penalties imposed for breaches of the regulations. The exact penalties can vary depending on the severity of the offence and the specific provisions of the Act, but they can include substantial fines and, in severe cases, imprisonment. CASA has the authority to enforce these regulations and take appropriate action against entities or individuals who fail to adhere to the prescribed airworthiness standards.