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-42/17 affecting Piper PA-42-1000 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 in Australia, empowers the Governor-General to establish regulations for the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. The ADs serve as a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901. This legislative framework ensures that Australia's obligations under the Convention on International Civil Aviation are met, specifically concerning the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design and the State of Registry. In line with these international obligations, CASA issued and subsequently cancelled AD/PA-42/17 for Piper PA-42-1000 aircraft, effective 9 April 2009, without the need for public consultation or a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This legislative framework is designed to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design is responsible for ensuring the airworthiness of aircraft types, while the State of Registry is tasked with implementing requirements to maintain the airworthiness of individual aircraft. CASA, acting under section 98 of the Civil Aviation Act 1988, issued AD/PA-42/17 for Piper PA-42-1000 aircraft, which has since been cancelled in accordance with Australia’s international obligations, without the need for public consultation or a Regulatory Impact Statement. This cancellation reflects the dynamic nature of international civil aviation standards and CASA's commitment to upholding safety through regulatory adjustments.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that prioritise the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, as defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to States of Registry. Consequently, States of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft under their jurisdiction.
These airworthiness directives serve as a critical tool for ensuring that aircraft remain airworthy, and in the case of Australia, CASA has issued AD/PA-42/17 affecting Piper PA-42-1000 aircraft. However, CASA has since reviewed and cancelled this particular AD, with the cancellation taking effect on 9 April 2009. Notably, no replacement AD is deemed necessary following this cancellation. The decision to cancel the AD aligns with Australia’s obligations under the Convention on International Civil Aviation, hence no public consultation was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The issuing of ADs carries with it significant obligations for compliance by aircraft operators and owners. They must ensure that their aircraft meet the requirements outlined in any applicable ADs, which typically involve specific maintenance actions, inspections, or modifications. Failure to comply with an AD can have serious repercussions, including the potential for grounding of the aircraft, which can result in significant operational disruptions and financial losses. In addition, non-compliance can lead to enforcement actions by CASA, which may include fines, administrative penalties, or even criminal charges in cases of gross negligence or willful disregard of safety directives. The potential penalties can vary but may include substantial fines and, in the most severe cases, imprisonment for individuals found to have deliberately contravened the ADs.