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-42/5 affecting Piper PA-42 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 4 June 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 for the safety of civil aviation in Australia, addressing the need for comprehensive regulation of aviation activities to ensure public safety and national security. The Act empowers the Governor-General to make regulations that serve the interests of safe air navigation, with the Civil Aviation Safety Regulations 1998 providing specific operational guidelines. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The cancellation of AD/PA-42/5, affecting Piper PA-42 aircraft, was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design and the State of Registry have responsibilities for the continuing airworthiness of aircraft. This cancellation was implemented by CASA, specifically by the Manager, Airframes and Structures in the Airworthiness Engineering Group, without public consultation, as it was deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations, being legislative instruments, aim to ensure the safety of air navigation in accordance with the Convention on International Civil Aviation. The ADs are a common form of continuing airworthiness information and are issued by most ICAO Contracting States. The State of Design, which is the State where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the appropriate States of Registry. In Australia, the State of Registry, which is the State in which the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA has the authority to issue, review, and cancel these directives as necessary. The cancellation of the AD/PA-42/5 affecting Piper PA-42 aircraft, which has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, does not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This cancellation will take effect on 4 June 2009 and does not necessitate a replacement AD.
Key Provisions
The key provisions of the Civil Aviation (Airworthiness Directive) Instrument 2009 (F2009L01784) revolve around the issuance and cancellation of airworthiness directives (ADs). Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are intended to ensure the ongoing airworthiness of aircraft and are made under the authority of section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations in the interest of air navigation safety.
Under this legislation, CASA has the obligation to issue ADs that meet the safety standards set by the Convention on International Civil Aviation, specifically Annex 8. The State of Design, which is the country where the aircraft was designed, must provide all necessary information to ensure the continuing airworthiness of the aircraft type. Additionally, the State of Registry, which is the country where the aircraft is registered, must establish or adopt requirements to maintain the airworthiness of individual aircraft. In this instance, CASA, as the State of Registry for Australian-registered aircraft, issued AD/PA-42/5 for Piper PA-42 aircraft but subsequently reviewed and cancelled it, effective from 4 June 2009, without the need for a replacement AD.
There are no specific offences or penalties outlined in the Civil Aviation (Airworthiness Directive) Instrument 2009. However, the consequences of non-compliance with ADs can be severe, potentially leading to aircraft being grounded and operators facing significant civil or criminal penalties under the Civil Aviation Act 1988 and associated regulations. The maximum penalties for breaches of civil aviation regulations can include substantial fines and imprisonment, depending on the severity of the breach and its impact on aviation safety.