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-42/22 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, 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 Australian Parliament, is foundational legislation aimed at regulating the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are instruments designed to maintain the airworthiness of aircraft and aeronautical products. These directives are critical for ensuring compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to States of Registry to maintain aircraft airworthiness. In accordance with these international obligations, CASA has the authority to issue, review, and, when necessary, cancel airworthiness directives. This specific legislative instrument cancels AD/PA-42/22 for Piper PA-42 aircraft, effective from 9 April 2009, without the need for public consultation or a Regulatory Impact Statement, as it aligns with Australia's international commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework governing airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. The Act applies to the Commonwealth, and the Regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are critical for maintaining the continuing airworthiness of aircraft and are issued in line with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the airworthiness of aircraft types and the State of Registry for individual aircraft. CASA, as the regulatory authority in Australia, has the responsibility to develop or adopt requirements ensuring the continuing airworthiness of aircraft within the country. The AD/PA-42/22, issued for Piper PA-42 aircraft, was cancelled by CASA following a review, and the cancellation became effective on 9 April 2009, without the need for a replacement AD. Given the international obligations under the Convention, no public consultation or Regulatory Impact Statement was required for this AD cancellation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with the Legislative Instruments Act 2003. This framework ensures that ADs can be issued to address safety issues in a timely and authoritative manner.
The obligations imposed by the Act and Regulations on CASA and other entities are significant. CASA must ensure that ADs are issued to maintain or restore airworthiness in accordance with international standards set by the Convention on International Civil Aviation (Annex 8). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry. States of Registry, including Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. This collaborative approach ensures that safety measures are uniformly applied across different jurisdictions, maintaining a high standard of airworthiness.
There are no explicit offences or penalties mentioned in the context of the issuance or cancellation of ADs under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, the failure to comply with an AD can lead to serious consequences, including the grounding of aircraft, potential criminal charges, and civil liability. The specific penalties for non-compliance would depend on the nature of the breach and any relevant aviation regulations or safety standards. It is important for operators and individuals to adhere strictly to ADs to avoid these potential legal and safety repercussions.
The cancellation of a specific AD, such as AD/PA-42/22 affecting Piper PA-42 aircraft, is carried out in accordance with Australia’s international obligations under the Convention on International Civil Aviation. The process involves thorough review and decision-making by CASA, ensuring that any changes to airworthiness standards are consistent with global safety requirements. The cancellation becomes effective on a specified date, in this case, 9 April 2009, and no replacement AD is required. This action underscores the importance of aligning national aviation safety measures with international standards to ensure the highest level of safety in air travel.