AD/PA-42/10 - Stall/Flow Strip - CANCELLED

Overview

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products under regulation 39.001. This legislative framework was enacted to ensure the safety of air navigation, addressing the need for ongoing oversight of aircraft airworthiness to maintain safety standards in compliance with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Act allows CASA to issue these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with Australia's international commitments, CASA has the responsibility to cancel ADs, such as AD/PA-42/10 affecting Piper PA-42 aircraft, when necessary. The cancellation of this particular AD, effective from 9 April 2009, has been made by the Manager, Airframes and Structures, on behalf of CASA, without public consultation as mandated by the Office of Best Practice Regulation, which has determined that such ADs do not require a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products, thereby fulfilling the obligations under section 98 of the Act. These directives are legislative instruments, as defined under the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft types, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are intended for aircraft registered within Australia, and the State of Registry is mandated to ensure compliance with these directives. The geographic reach of these regulations is national, and while they apply to all aircraft and aeronautical products within Australia, they are also influenced by international standards and agreements. The cancellation of a specific AD, such as AD/PA-42/10 for Piper PA-42 aircraft, is directly linked to Australia's obligations under the Convention on International Civil Aviation, and such cancellations do not require public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These regulations can be implemented by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to ensure that aircraft remain airworthy. This responsibility falls on the State of Registry for individual aircraft, which must develop or adopt requirements to ensure continuing airworthiness. In this context, CASA has issued, reviewed, and subsequently cancelled AD/PA-42/10, which affected Piper PA-42 aircraft. This cancellation is effective from 9 April 2009, and no replacement AD is required. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no public consultation has been conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The obligations imposed by this legislation primarily revolve around ensuring the continuing airworthiness of aircraft. CASA, as the regulatory authority, is tasked with issuing ADs to maintain safety standards. The State of Design must provide necessary information to support the airworthiness of aircraft, while the State of Registry must ensure that individual aircraft remain airworthy. The cancellation of AD/PA-42/10, following a review by CASA, exemplifies adherence to these obligations by removing an outdated or unnecessary directive, thus streamlining regulatory requirements and ensuring compliance with international standards. There are potential consequences for non-compliance with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Offences under these Acts can result in both civil and criminal penalties. For instance, failing to comply with an AD can lead to fines and potential imprisonment, depending on the severity of the breach. The maximum penalties can vary, but they are designed to ensure that individuals and entities take the continuing airworthiness of aircraft seriously. The enforcement of these regulations is critical to maintaining the high safety standards required in civil aviation.