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-42/14 affecting Piper PA-42 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 2009. 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, 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, enacted to regulate civil aviation safety in Australia, empowers the Governor-General to make regulations in the interest of air navigation safety. Under this Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for aircraft types and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Act's objective is to ensure the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. In the context of the specific AD/PA-42/14 concerning Piper PA-42 aircraft, CASA reviewed and subsequently cancelled the directive due to international obligations, effective 9 April 2009, with no replacement AD deemed necessary.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. These directives apply to all relevant aircraft within Australia and are essential for maintaining the continuing airworthiness of aircraft types, as mandated by the Convention on International Civil Aviation. The ADs serve as a crucial communication tool between the State of Design and the State of Registry, ensuring that all necessary safety measures are implemented and followed. CASA, acting on behalf of the Commonwealth, issues these directives to enforce compliance and safeguard the aviation industry in Australia. While the ADs are legislative instruments, their issuance and cancellation do not require consultation with the public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are subject to the oversight and review by CASA, which ensures they align with international safety standards and obligations.
Key Provisions
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under section 39.001 (paragraph 5). These directives are legal instruments that serve to maintain the safety standards of aircraft and aeronautical products. The issuance of an AD by CASA is a direct implementation of the overarching goal to ensure the safety of air navigation as outlined in section 98 of the Act. These ADs are issued to address specific safety concerns or to enforce particular maintenance or operational requirements that are critical for the continued airworthiness of the aircraft in question.
The obligations imposed by these directives are substantial. The State of Design, which is the country where the aircraft type is designed, is mandated under Annex 8 of the Convention on International Civil Aviation to provide all necessary information to ensure the continuing airworthiness of the aircraft type. This information is crucial for the State of Registry, which is the country where the aircraft is registered, to develop or adopt specific requirements to ensure the aircraft’s airworthiness. The State of Registry, therefore, has the responsibility to enforce compliance with these ADs, ensuring that all necessary maintenance and modifications are carried out in accordance with the directives issued by CASA.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions which may include fines and, in severe cases, criminal charges. The penalties for such breaches can be significant, reflecting the high importance placed on adhering to these safety regulations. As specified in the Act, the maximum fines for civil aviation offences can reach substantial amounts, underscoring the gravity with which non-compliance is treated. CASA, as the regulatory body, has the authority to take necessary actions to enforce compliance, ensuring that the highest safety standards are maintained in the aviation industry.