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-38/9 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 by the Parliament of Australia, aims to regulate civil aviation and ensure the safety of air navigation. This Act allows for the creation of regulations, such as those under the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation, with the State of Design and the State of Registry bearing responsibilities for ensuring this. In the context of the AD/PA-38/9 concerning Piper PA-38 aircraft, CASA reviewed and subsequently cancelled the directive, which will take effect on 18 December 2008, without the need for a replacement AD due to Australia's international obligations. The cancellation of this directive does not necessitate consultation with the Australian public, and a Regulatory Impact Statement is not required. The AD cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in line with the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These regulations extend to all aircraft registered in Australia and are applicable to entities involved in the design, manufacture, maintenance, and operation of these aircraft. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and their issuance aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are designed to maintain the continuing airworthiness of aircraft types, with the State of Registry taking responsibility for individual aircraft. CASA, acting under the authority of the Civil Aviation Act 1988, issued and subsequently cancelled AD/PA-38/9 for Piper PA-38 aircraft, effective from 18 December 2008, due to compliance with international civil aviation conventions, negating the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and management of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure the continuing airworthiness of aircraft types and aeronautical products within Australia. The State of Design, typically the country where the aircraft is manufactured, has the primary responsibility for providing necessary information to maintain the airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft.
In the case of the cancelled AD/PA-38/9 affecting Piper PA-38 aircraft, CASA has reviewed and decided to cancel this directive. The cancellation is effective from 18 December 2008 and no replacement AD is necessary. The decision to cancel the AD is aligned with Australia's obligations under the Convention on International Civil Aviation, and thus, no public consultation or Regulatory Impact Statement was required. The directive was 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 Civil Aviation Act 1988.
Failure to comply with an AD can result in serious consequences. The Act imposes civil and criminal penalties for non-compliance, with the exact penalties depending on the severity of the breach. Civil penalties can include fines, while criminal penalties can result in imprisonment. The specific maximum penalties are detailed in the relevant sections of the Act and associated regulations, ensuring that there are significant deterrents against non-compliance with ADs.