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-42/4 Amdt 1 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 to ensure the safety and regulation of civil aviation in Australia, authorises the Governor-General to make regulations that promote the safety of air navigation. Under the authority of this Act, the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that comply with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of an aircraft type, and to the State of Registry for the airworthiness of individual aircraft. CASA has exercised its regulatory powers to cancel AD/PA-42/4 Amdt 1, which pertains to Piper PA-42 aircraft, effective 9 April 2009, without the need for a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation. This action aligns with Australia's international commitments to maintain the safety standards of civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products, which are intended to maintain the continuing airworthiness of these items. These directives are integral to fulfilling Australia's commitments under international aviation conventions, particularly Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. Given that ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, they are subject to disallowance and oversight. CASA, as the regulatory body, issues these directives to ensure compliance with safety standards and to address any identified safety issues with aircraft or aeronautical products within Australia’s jurisdiction. The application of these regulations extends to all aircraft registered in Australia and their operators, thereby encompassing a wide range of industries and entities involved in civil aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that contribute to the safety of air navigation. This overarching authority allows for the creation of detailed safety measures and standards that govern civil aviation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally binding and serve as a mechanism to ensure that the aircraft maintain their airworthiness. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and is required to furnish any necessary information to the States of Registry to ensure this airworthiness. In parallel, the State of Registry of an individual aircraft bears the responsibility for maintaining its airworthiness. Annex 8 mandates that States of Registry must establish or adopt requisite measures to guarantee the continuing airworthiness of their aircraft. In practice, ADs are the most frequently used method for disseminating continuing airworthiness information among International Civil Aviation Organization (ICAO) Contracting States.
A specific instance of this regulatory framework in action is the issuance and subsequent cancellation of AD/PA-42/4 Amdt 1 by CASA, which affected Piper PA-42 aircraft. CASA has determined that this AD is no longer necessary and has officially cancelled it, with the cancellation taking effect on 9 April 2009. This cancellation is in alignment with Australia's obligations under the Convention on International Civil Aviation, and thus, no public consultation was deemed necessary. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Regarding compliance and consequences, any breach of the ADs could lead to significant legal ramifications. Failure to adhere to the airworthiness directives could result in severe penalties, both civil and criminal, depending on the severity of the non-compliance. The exact penalties are not specified in the text, but generally, such breaches could lead to fines, imprisonment, or both, reflecting the critical importance of adhering to these safety regulations. The specific details of the penalties would be guided by the broader civil aviation laws and regulations in Australia.