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. 745 specifying periodic inspection of the spar of the vertical fin of the Piper PA-38-112 aircraft. In 1983 CASA’s predecessors issued AD/PA-38/22 to match the requirement in Service Bulletin No. 745 Part IV. In 1983 the USA Federal Aviation Administration issued Airworthiness Directive 82-27-08 specifying periodic inspection of similar areas 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-38/22. As a result, CASA decided to amend AD/PA-38/22 to amendment 1 to more closely match USA AD 82‑27-08 (a)(3). 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 regulate civil aviation in Australia and ensure the safety of air navigation. The Act provides the framework for the issuance of airworthiness directives, which are legislative instruments designed to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue such directives. These directives are essential for aligning with international standards set by the Convention on International Civil Aviation, particularly those related to the responsibilities of the State of Design and the State of Registry for aircraft. CASA, as Australia's national airworthiness authority, plays a crucial role in assessing and implementing airworthiness directives to ensure compliance with both national and international safety standards. The policy objective of these regulations is to maintain the highest safety standards in Australian civil aviation, ensuring that aircraft remain airworthy and meet necessary regulatory requirements.
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 certain kinds of aircraft or aeronautical products. These directives, being legislative instruments, are issued to ensure the continuing airworthiness of aircraft registered in Australia and are aligned with international standards set by the Convention on International Civil Aviation. The ADs apply to all aircraft types registered in Australia that fall under the scope of the directives. Although the ADs are issued in response to international obligations and do not require consultation with the Australian public, they are integral to maintaining the safety standards required for Australian airspace. The issuance of these ADs is a critical function of CASA, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are intended to ensure the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to States of Registry, which are responsible for the individual aircraft's airworthiness. CASA, as Australia’s national airworthiness authority, assesses this information and may issue corresponding Australian ADs to enforce the requirements of the State of Design.
Obligations under this legislation include CASA’s responsibility to assess information from the State of Design and issue ADs as necessary to ensure compliance with airworthiness standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and enforce these requirements. Operators of affected aircraft must comply with ADs by following the specified inspection, maintenance, or modification procedures within the stipulated timeframes. Failure to comply can result in the aircraft being deemed unairworthy, potentially leading to grounding and other enforcement actions.
The Civil Aviation Act 1988 and associated regulations impose serious obligations and consequences for non-compliance with ADs. Under section 98 of the Act, CASA can issue ADs to maintain safety standards. Operators must comply with these directives to ensure their aircraft remain airworthy. Failure to comply with an AD can result in civil penalties, including fines of up to $275,000 for individuals and $1.375 million for corporations, as per section 15 of the Act. Additionally, CASA can take enforcement actions, such as grounding non-compliant aircraft, which can significantly impact the operator's ability to conduct flights.