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-42/2 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, Systems and New Technologies 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 Australian Parliament, establishes the framework for civil aviation safety in Australia. The Act aims to ensure the safety of air navigation, providing the basis for regulations that protect the public and promote the safety and efficiency of civil aviation. One such regulation is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are aligned with international standards as set out in Annex 8 to the Convention on International Civil Aviation. In accordance with Australia's international obligations, CASA has the responsibility to issue and manage ADs, including the cancellation of directives when necessary. The cancellation of AD/PA-42/2 affecting Piper PA-42 aircraft, effective from 9 April 2009, was made under the authority of the Civil Aviation Act 1988 and does not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products, acting within the broader framework established by the Civil Aviation Act 1988. These directives are legislative instruments as per the Legislative Instruments Act 2003 and are aimed at ensuring the safety of air navigation. The scope of these directives encompasses all aircraft registered within Australia, irrespective of their State of Registry, aligning with Australia’s obligations under the Convention on International Civil Aviation. This regulatory action is pertinent to aircraft operators, maintenance organisations, and other stakeholders within the aviation industry who must comply with the directives to maintain the airworthiness of their aircraft. Notably, the cancellation of a specific airworthiness directive, such as AD/PA-42/2 affecting Piper PA-42 aircraft, has been determined not to necessitate public consultation or a Regulatory Impact Statement due to its nature and the international obligations governing such actions.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations that support the Act, particularly focusing on the safety of air navigation (section 98). Regulation 39.001 of 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. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and thus, it qualifies as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions include the requirement for CASA to issue ADs to ensure the continuing airworthiness of aircraft, in alignment with the responsibilities of the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that aircraft types remain airworthy, while the State of Registry of individual aircraft must develop or adopt requirements to maintain the continuing airworthiness of those aircraft. This regulatory framework ensures that both the design and registry states play a pivotal role in maintaining safety standards.
Failure to comply with ADs or to properly maintain the airworthiness of an aircraft can lead to various civil or criminal consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for breaches directly related to ADs, general provisions within the Act outline potential penalties for non-compliance with safety regulations. These penalties can include fines, imprisonment, or both, depending on the severity of the breach. Furthermore, the cancellation of an AD, such as AD/PA-42/2 affecting Piper PA-42 aircraft, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The ADs are issued by authorised personnel within CASA, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Group, following the procedures outlined in subsection 84A(2) of the Act. This ensures that ADs are issued with the appropriate authority and in compliance with international and domestic aviation safety standards.