AD/PA-42/20 - Main Landing Gear Forward Side Brace - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with a primary focus on ensuring safety in air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, managed by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments, are critical for maintaining the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set forth by the International Civil Aviation Organization (ICAO). Specifically, the State of Design is responsible for ensuring the airworthiness of an aircraft type, while the State of Registry is tasked with the ongoing maintenance of individual aircraft. In light of Australia's commitments under the Convention on International Civil Aviation, CASA has the authority to issue and subsequently cancel such directives, as demonstrated in the case of AD/PA-42/20 concerning Piper PA-42-1000 aircraft, which was cancelled effective 9 April 2009. This action aligns with Australia’s international obligations and does not necessitate public consultation or a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as outlined in the Legislative Instruments Act 2003 and serve as a crucial means of maintaining the continuing airworthiness of aircraft types. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, holds the overarching responsibility for ensuring the airworthiness of an aircraft type and must provide necessary information to the States of Registry. In turn, the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft. CASA has the authority to issue ADs, such as AD/PA-42/20 for Piper PA-42-1000 aircraft, which have since been reviewed and cancelled due to obligations under the Convention on International Civil Aviation. The cancellation, effective from 9 April 2009, does not require a replacement AD. Given the nature of ADs and their cancellation, there has been no public consultation, and the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes and Structures, in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.

Key Provisions

The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An airworthiness directive, as defined under subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives serve as a fundamental means of ensuring the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The obligations imposed by these regulations require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type, ensuring all necessary information is provided to the appropriate State of Registry. Conversely, the State of Registry must develop or adopt requirements to guarantee the ongoing airworthiness of aircraft within its jurisdiction. For instance, CASA, as the regulatory body in Australia, has issued AD/PA-42/20 for Piper PA-42-1000 aircraft, which has since been reviewed and cancelled effective 9 April 2009, with no replacement directive required. In the context of the Civil Aviation Act 1988 and its regulations, CASA's issuance of airworthiness directives is a critical measure to uphold safety standards. The authority to issue such directives stems from section 98 of the Act, which allows for the creation of regulations for the safety of air navigation. The process of issuing, reviewing, and potentially cancelling these directives must align with international conventions and domestic obligations, ensuring that the safety and airworthiness of aircraft are continually maintained. Failure to comply with airworthiness directives can result in significant legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that breaches of regulations aimed at ensuring airworthiness can lead to serious civil or criminal repercussions. The seriousness of these consequences underscores the importance of adhering to the directives issued by CASA and other regulatory authorities. The regulatory framework outlined in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 ensures that airworthiness directives are issued with the primary goal of maintaining safety in civil aviation. The responsibilities and obligations placed on both the State of Design and the State of Registry are critical to this process, ensuring that all stakeholders work collaboratively to uphold the highest safety standards in the aviation industry.