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-42/8 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 was enacted to ensure the safety of air navigation within Australia and beyond, establishing a regulatory framework overseen by the Civil Aviation Safety Authority (CASA). This Act empowers CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that serve as a means to maintain the continuing airworthiness of aircraft and aeronautical products. These ADs are critical for compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have specific responsibilities for ensuring aircraft safety. In accordance with these international obligations, CASA has the authority to cancel existing ADs, such as the one affecting Piper PA-42 aircraft, which has been cancelled effective 9 April 2009, without necessitating consultation with the public or a Regulatory Impact Statement. This action underscores Australia's commitment to international civil aviation standards and the continuous enhancement of air safety.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia, which are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The ADs apply to specific kinds of aircraft or aeronautical products, with the State of Registry being responsible for the continuing airworthiness of individual aircraft, while the State of Design is responsible for the overall airworthiness of an aircraft type. This regulatory approach is consistent with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8. CASA, acting on behalf of the Governor-General under the Act, has the authority to issue, review, and cancel ADs, as demonstrated by the recent cancellation of AD/PA-42/8 affecting Piper PA-42 aircraft, effective from 9 April 2009. The cancellation aligns with Australia's international obligations, and no consultation with the public or requirement for a Regulatory Impact Statement was deemed necessary. The ADs are subject to disallowance under the Acts Interpretation Act 1901, and their issuance follows the procedures outlined in the Legislative Instruments Act 2003.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to this legislation concern the issuance of airworthiness directives (ADs) (sections 98 and 39.001). These sections empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments that apply to certain types of aircraft or aeronautical products (subregulation 39.001(5)). The ADs serve as a means to ensure the continuing airworthiness of aircraft, in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of aircraft types, while the State of Registry is responsible for the continuing airworthiness of individual aircraft (Annex 8).
Under these provisions, CASA has issued, reviewed, and cancelled AD/PA-42/8, which affected Piper PA-42 aircraft. The cancellation of this AD became effective on 9 April 2009, and no replacement AD is required. This action is in compliance with Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public or a Regulatory Impact Statement was necessary for this AD cancellation.
The obligations imposed by the Act and the Regulations on the parties and entities they govern include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, and the State of Registry to develop or adopt requirements to ensure the airworthiness of individual aircraft (Annex 8). CASA, as the regulatory authority, must issue ADs as necessary to maintain airworthiness standards and ensure compliance with international obligations.
The Act and the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of ADs. However, non-compliance with ADs can lead to severe consequences, including the potential grounding of aircraft, which could result in significant financial loss, legal liability, and damage to the reputation of the aircraft operator. Additionally, CASA has the authority to take enforcement action against operators who fail to comply with ADs, which may include fines, suspension or revocation of aircraft certificates, or other regulatory measures. The severity of the consequences will depend on the nature and extent of the breach, as well as any relevant industry standards and guidelines.