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-42/19 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 by the Commonwealth Parliament, was established to provide for the regulation of civil aviation in Australia to ensure safety and efficiency. The Act was designed to address the need for a comprehensive legal framework governing civil aviation operations within Australia, aiming to protect the public and promote the safe and efficient use of airspace. One of the key mechanisms through which the Act achieves these objectives is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to ensure that aircraft and aeronautical products maintain their airworthiness, thereby contributing to the overarching policy objective of ensuring the safety of air navigation. The cancellation of a specific AD for Piper PA-42-1000 aircraft reflects CASA’s adherence to international obligations under the Convention on International Civil Aviation, demonstrating the agency’s commitment to maintaining high safety standards in line with global best practices.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry both play pivotal roles in ensuring that aircraft meet the required safety standards, with ADs being a primary tool for disseminating necessary information. CASA, on behalf of the Commonwealth, has the authority to issue, review, and cancel ADs, as demonstrated by the recent cancellation of AD/PA-42/19 concerning Piper PA-42-1000 aircraft, effective 9 April 2009. Given that this cancellation aligns with Australia's international obligations, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) of the CASR and section 46A of the Acts Interpretation Act 1901. Moreover, under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry of an individual aircraft bears the responsibility for ensuring its ongoing airworthiness.
The obligations imposed by these provisions include ensuring that the State of Design provides necessary information to maintain airworthiness and that the State of Registry develops or adopts requirements to ensure the ongoing airworthiness of aircraft. CASA, as the entity responsible for issuing ADs, must ensure these directives align with both national regulations and international conventions. Specifically, CASA must review and, if necessary, cancel ADs to maintain compliance with international obligations. For instance, CASA reviewed and subsequently cancelled AD/PA-42/19 affecting Piper PA-42-1000 aircraft due to Australia’s commitments under the Convention on International Civil Aviation. This cancellation took effect on 9 April 2009, and no replacement AD was required.
In terms of offences and penalties, the Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs. However, non-compliance with ADs may lead to broader regulatory actions, including fines, aircraft groundings, and potential prosecution under the Civil Aviation Act 1988. While the specific maximum penalties are not detailed within the ADs themselves, general provisions in the Act provide for substantial fines and imprisonment for serious violations related to airworthiness and safety.
Additionally, because ADs are legislative instruments, they are subject to scrutiny under the Legislative Instruments Act 2003. However, in this case, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD in question was 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. This procedural compliance ensures that the AD cancellation aligns with both domestic and international legal frameworks.