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-42/3 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 Parliament of Australia, serves to regulate civil aviation within the country with a primary focus on ensuring the safety of air navigation. This Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. CASA has the authority to issue such directives under regulation 39.001, which are considered legislative instruments as per the Acts Interpretation Act 1901. The policy objective behind these regulations is to ensure that aircraft remain in a safe condition for operation, thereby protecting public safety and fulfilling international aviation safety standards. In accordance with these provisions, CASA has cancelled an existing airworthiness directive concerning Piper PA-42 aircraft, effective from 9 April 2009, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are critical for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry of an aircraft holds the primary responsibility for maintaining its airworthiness, aligning with international obligations and practices. In this specific instance, CASA, acting on its historical obligations and international conventions, has cancelled AD/PA-42/3 affecting Piper PA-42 aircraft, effective from 9 April 2009, without the necessity of public consultation or a Regulatory Impact Statement. The cancellation reflects Australia's adherence to international standards and ensures that no further AD is required, thereby maintaining the integrity of Australia's civil aviation safety framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These ADs are instrumental in ensuring that aircraft meet the necessary safety standards. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument (39.001(5); 46A; 6).
The obligations imposed by these regulations primarily fall on CASA, which is tasked with issuing ADs to maintain the continuing airworthiness of aircraft. The State of Registry of an individual aircraft bears the responsibility of ensuring that each aircraft remains airworthy, developing or adopting the necessary requirements to meet this standard (Annex 8). The State of Design, on the other hand, has the overarching responsibility of ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to facilitate this.
In this context, CASA issued AD/PA-42/3 for Piper PA-42 aircraft, but has since reviewed and decided to cancel this directive. The cancellation is effective from 9 April 2009, and no replacement AD is deemed necessary (AD/PA-42/3). Given that this cancellation is in line with Australia's obligations under the Convention on International Civil Aviation, no public consultation has been conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.
The legal consequences of non-compliance with these regulations can be significant. If an aircraft operator fails to comply with an AD, they could face civil penalties, including fines, and potentially criminal charges for endangering the safety of air navigation. The specific penalties depend on the nature and severity of the breach but can include substantial fines and imprisonment for serious violations. It is imperative for all parties involved to adhere strictly to the ADs to avoid these severe repercussions.