AD/PA-42/18 - Elevator Upper Skin Cracking - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. One of the key mechanisms through which the Act achieves its objectives is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in the Civil Aviation Safety Regulations 1998. These directives serve as critical tools for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. Recently, CASA issued an AD for Piper PA-42 aircraft, which has subsequently been cancelled due to obligations under the Convention, effective from 9 April 2009. This cancellation was made without public consultation as ADs do not require a Regulatory Impact Statement, and no replacement AD is deemed necessary. The decision to cancel the directive was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products maintain their airworthiness. Under the Act, the Governor-General has the authority to enact regulations for the safety of air navigation, while the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for enforcing continuing airworthiness standards, aligning with international obligations under the Convention on International Civil Aviation, where the State of Design is responsible for ensuring the ongoing airworthiness of aircraft types. The State of Registry, in this case, Australia, must also implement measures to maintain the airworthiness of individual aircraft. The specific AD/PA-42/18 concerning Piper PA-42 aircraft was issued by CASA but has since been cancelled, effective from 9 April 2009, due to Australia's international obligations, without the need for public consultation or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Airframes and Structures within CASA's Airworthiness Engineering Group, in compliance with the legislative provisions.

Key Provisions

The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are a legislative instrument, as stipulated by subregulation 39.001(5) in conjunction with section 46A of the Acts Interpretation Act 1901, and section 6 of the Legislative Instruments Act 2003. As such, ADs serve as a formal means for CASA to ensure the continuing airworthiness of aircraft in Australia, in alignment with the requirements outlined in Annex 8 of the Convention on International Civil Aviation. This Annex underscores the State of Design’s responsibility for maintaining the airworthiness of an aircraft type and mandates that this State must provide necessary information to the State of Registry to facilitate compliance with these standards. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with overseeing the airworthiness of aircraft within Australia. Specifically, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, a duty that involves developing or adopting necessary requirements as outlined in Annex 8. The issuance of ADs by CASA represents a critical mechanism for achieving this objective, ensuring that all relevant parties are informed of necessary actions or modifications to maintain compliance with safety standards. This process ensures that aircraft remain airworthy and meet the requisite safety standards throughout their operational life. Failure to comply with ADs may have serious legal and safety implications. Although the specific Civil Aviation Safety Regulations 1998 do not detail particular offences or penalties for non-compliance with ADs, broader aviation safety laws may impose civil or criminal penalties for breaches. These penalties can include fines, imprisonment, or both, depending on the severity of the violation and the specific circumstances. The overarching goal of these measures is to enforce adherence to safety standards and to maintain the high level of safety within Australia’s civil aviation sector. The process for issuing and cancelling ADs is rigorous and subject to international standards and obligations. In the case of AD/PA-42/18 affecting Piper PA-42 aircraft, CASA reviewed and subsequently cancelled the directive, effective from 9 April 2009, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation did not require public consultation, as determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The cancellation was authorised 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. This demonstrates the structured and authoritative approach CASA takes in managing airworthiness directives to ensure compliance with both national and international aviation safety standards.