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-42/21 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 was enacted to provide a legislative framework ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating specific tasks to the Civil Aviation Safety Authority (CASA). Among these tasks, CASA has the authority to issue airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that contribute to maintaining the continuing airworthiness of aircraft types and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The ADs serve as a critical mechanism for communicating necessary safety measures to ensure the safe operation of aircraft, reflecting Australia’s commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the regulatory framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations. The ADs serve as a legislative instrument and are crucial for maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. These directives are issued by the State of Registry, which in Australia is CASA, and they pertain to the specific aircraft types and aeronautical products operating within Australian jurisdiction. The scope of these regulations extends to ensuring that all entities and individuals involved in the design, maintenance, and operation of aircraft adhere to the safety standards set forth by CASA. Notably, the cancellation of an airworthiness directive, such as AD/PA-42/21 affecting Piper PA-42-1000 aircraft, reflects Australia’s commitment to international civil aviation agreements and is made without public consultation as mandated by these agreements.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that promote the safety of air navigation (section 98). The Civil Aviation Safety Regulations 1998 specify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (regulation 39.001). These ADs serve as essential tools for ensuring that aircraft and aeronautical products maintain their airworthiness, and they are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (subregulation 39.001(5)). Annex 8 of the Convention on International Civil Aviation assigns the State of Design with the overarching responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry. Similarly, the State of Registry bears the responsibility for the continuing airworthiness of individual aircraft and must establish or adopt requirements to meet this obligation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties governed by these provisions are significant. The State of Design must ensure that any necessary information is provided to the State of Registry to maintain the airworthiness of aircraft types. The State of Registry is required to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as the regulatory authority, has the responsibility to issue ADs to address safety issues and ensure compliance with airworthiness standards. The cancellation of an AD, such as AD/PA-42/21, is a critical function of CASA, and it is carried out in accordance with the authority granted under section 84A(2) of the Act. This process is integral to maintaining safety standards and ensuring the integrity of the aviation industry.
Failure to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. While specific offences and penalties are not detailed within the provided text, non-compliance with airworthiness directives could potentially lead to enforcement actions by CASA, including fines or other regulatory penalties. Additionally, individuals or entities found in breach of these provisions may face legal action in civil courts, resulting in damages for any harm caused by non-compliance. The severity of penalties would depend on the nature and extent of the breach, as well as the specific provisions of the legislation that have been violated.