AD/PA-42/15 - Engine Mount Tubes and Barrel Nuts - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a legal framework for the safety and regulation of civil aviation in Australia. This Act, through its various provisions, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. In this context, the Civil Aviation Safety Regulations 1998, which are made under the authority of the Act, further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs). An AD is a legislative instrument that can be issued by the Civil Aviation Safety Authority (CASA) to mandate corrective actions to ensure the ongoing safety of specific types of aircraft or aeronautical products. The cancellation of a particular AD affecting Piper PA-42 aircraft, as noted in the explanatory statement, reflects Australia’s commitment to international civil aviation standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to the State of Registry and the State of Design. This specific AD cancellation was made by CASA without public consultation, as determined by the Office of Best Practice Regulation, which found that such directives do not require a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as they fall under the purview of the Legislative Instruments Act 2003 and are disallowable under the Acts Interpretation Act 1901. Such directives play a crucial role in ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry under Annex 8 of the Convention on International Civil Aviation. Notably, Australia's obligations under this convention have led to the issuance and subsequent cancellation of AD/PA-42/15, affecting Piper PA-42 aircraft, with the cancellation set to become effective on 9 April 2009. Given that this cancellation aligns with international obligations, it did not necessitate public consultation or a Regulatory Impact Statement. This legislative action is undertaken by CASA, specifically by the Manager, Airframes and Structures in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988 (section 98), the Governor-General is empowered to create regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (section 39.001) specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. This responsibility is operationalised through the issuance of ADs, which are the most common form of continuing airworthiness information across ICAO Contracting States. The specific airworthiness directive AD/PA-42/15, which affected Piper PA-42 aircraft, was issued by CASA or its predecessors. This directive has since been reviewed and cancelled by CASA, with the cancellation set to become effective on 9 April 2009. No replacement AD is required following this cancellation. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation of AD/PA-42/15 was executed by the Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988 (subsection 84A(2)). This process underscores the regulatory authority’s commitment to safety and compliance with international aviation standards. The legislative and regulatory framework ensures that airworthiness directives are issued and managed in a manner that upholds the highest safety standards for air navigation.