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-42/7 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, Systems and New Technologies 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, establishes a comprehensive regulatory framework to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These directives serve as a crucial tool for maintaining the continuing airworthiness of aircraft and are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry have defined responsibilities for ensuring aircraft airworthiness. In line with these international obligations, CASA has the authority to issue, review, and cancel ADs as necessary, as demonstrated by the recent cancellation of AD/PA-42/7 affecting Piper PA-42 aircraft, which will take effect on 9 April 2009.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001. These directives are legislative instruments that apply to specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards as part of the overarching aim to maintain air navigation safety. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are essential for maintaining the continuing airworthiness of aircraft types, a responsibility shared with the State of Registry of individual aircraft under international agreements such as Annex 8 to the Convention on International Civil Aviation. The geographic reach of these regulations is national, applying across Australia, and they extend to all aircraft registered in Australia, regardless of the State of Registry. The Act and Regulations do not apply to foreign aircraft unless they are within Australian jurisdiction. Any exclusions or exemptions are not explicitly stated but would be determined by the specifics of the ADs and the relevant international obligations. The process for issuing ADs allows for the extension or restriction of their application through subordinate instruments, reflecting the dynamic nature of aviation safety requirements.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations that are crucial for the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which references section 46A of the Acts Interpretation Act 1901, and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties such as CASA and the State of Registry are significant. The State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to appropriate States of Registry. In Australia, CASA, as the State of Registry, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft. This includes the issuance of ADs, which are critical for maintaining safety standards and compliance with international obligations.
Non-compliance with ADs can result in serious legal consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can lead to significant penalties. The maximum penalty for non-compliance with an AD can be substantial, reflecting the critical nature of airworthiness directives in maintaining aviation safety. CASA's authority to issue these directives and the penalties for non-compliance underscore the importance of adhering to safety regulations in the aviation industry.
The process of issuing and cancelling ADs is stringent and must align with Australia’s international obligations. CASA's issuance of AD/PA-42/7 for Piper PA-42 aircraft and its subsequent cancellation on 9 April 2009, without the need for a replacement AD, exemplifies this process. Given that the cancellation was due to Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or the preparation of a Regulatory Impact Statement. This reflects the careful consideration and international coordination involved in managing airworthiness directives.