AD/PA-42/9 - Landing Gear Upper Bearing Retaining Pins and Strut Assemblies - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia and ensure the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were also established to provide specific safety standards and requirements. The issue of airworthiness directives under this legislative framework is critical to maintaining the continuing airworthiness of aircraft and aeronautical products. These directives, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to address safety concerns and are in compliance with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The cancellation of Airworthiness Directive AD/PA-42/9, which affected Piper PA-42 aircraft, demonstrates the authority of CASA to revoke such directives when necessary, as per Australia’s international obligations, without the need for public consultation or a Regulatory Impact Statement. The AD was cancelled by the Manager, Airframes and Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, in line with section 98 of the Civil Aviation Act 1988. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. They aim to ensure the safety of air navigation and comply with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The State of Registry, in this case, CASA, is responsible for ensuring the airworthiness of individual aircraft, developing or adopting relevant requirements. Notably, ADs are the primary means of conveying continuing airworthiness information among ICAO Contracting States, including Australia. The cancellation of AD/PA-42/9 for Piper PA-42 aircraft, effective 9 April 2009, was made without public consultation due to Australia’s international obligations, and it did not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures, on behalf of CASA, under subsection 84A(2) of the Act.

Key Provisions

The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This is done in the interest of maintaining air safety and is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (subregulation 39.001(5)). ADs are a fundamental form of continuing airworthiness information, aligned with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds overall responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. Entities governed by these regulations, particularly CASA and the State of Registry, have specific obligations. CASA is responsible for issuing ADs to ensure the continuing airworthiness of aircraft and aeronautical products within its jurisdiction. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its territory, as stipulated in Annex 8 of the Convention on International Civil Aviation. CASA has previously issued AD/PA-42/9 for Piper PA-42 aircraft but has since cancelled this directive, effective from 9 April 2009, without the need for a replacement directive. The cancellation of AD/PA-42/9 is due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The AD was made by the Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Breaching these regulations or failing to comply with ADs could lead to significant consequences, including civil penalties under the Civil Aviation Act 1988 or criminal charges for serious safety violations. The specific penalties depend on the nature and severity of the breach, with potential maximum penalties for serious offences reaching up to significant fines and imprisonment.