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-42/16 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act grants the Governor-General the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen in the creation of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to maintain the continuing airworthiness of aircraft and aeronautical products. The ADs are essential for adhering to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry have responsibilities for ensuring the airworthiness of aircraft. Recently, CASA reviewed and subsequently cancelled AD/PA-42/16 affecting Piper PA-42 aircraft, a decision that became effective on 9 April 2009, with no replacement AD required. This cancellation aligns with Australia's international obligations and has not necessitated public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are binding legislative instruments under section 46A of the Acts Interpretation Act 1901. These ADs are applicable to specific kinds of aircraft or aeronautical products and are designed to ensure the safety of air navigation as per the Civil Aviation Act 1988. The ADs are a crucial means of continuing airworthiness information, in line with the requirements of Annex 8 to the Convention on International Civil Aviation, and they must be issued by most ICAO Contracting States. The State of Registry of an individual aircraft bears the responsibility for ensuring the aircraft's continuing airworthiness. CASA has the authority to issue, review, and cancel such directives, and the cancellation of AD/PA-42/16 affecting Piper PA-42 aircraft exemplifies this authority. The cancellation took place in accordance with Australia’s obligations under the Convention on International Civil Aviation and no consultation with the Australian public or Regulatory Impact Statement was required. This action was taken by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, pursuant to subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. An AD, as defined by subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. These directives are integral to ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure safety. Meanwhile, the State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to maintain this airworthiness.
The obligations imposed by the Act and the Regulations on the entities involved are significant. The State of Design must ensure that all necessary information is provided to States of Registry to maintain the airworthiness of aircraft types. The States of Registry, including Australia through CASA, must develop and adopt requirements to ensure that individual aircraft remain airworthy. CASA, as the regulatory authority, must issue ADs to address any identified safety issues. In the case of the Piper PA-42 aircraft, CASA issued AD/PA-42/16, which has since been reviewed and cancelled. This cancellation is due to Australia’s obligations under the Convention on International Civil Aviation and reflects the international nature of aviation safety regulations.
Failure to comply with ADs and other regulatory requirements can result in significant consequences. Civil aviation regulations are designed to ensure public safety, and non-compliance can lead to both civil and criminal penalties. Under the Civil Aviation Act 1988, the penalties for non-compliance can include fines and imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act and Regulations. For instance, knowingly contravening an AD could result in fines of up to $21,000 for an individual and $105,000 for a body corporate, as well as imprisonment for up to two years. These stringent penalties underscore the importance of adhering to ADs and other safety regulations to protect the public and maintain the integrity of the aviation system.