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-44/10 Amdt 1 affecting Piper PA-44 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 2008. 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 establish a legislative framework for civil aviation in Australia, empowers the Governor-General to issue regulations for the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were created, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft as per international standards set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design and the State of Registry. This legislation ensures that Australia aligns with global practices for ensuring aviation safety.
The Civil Aviation Safety Regulations 1998 detail that ADs are legislative instruments and can be disallowed under specific provisions of the Acts Interpretation Act 1901. CASA, acting under section 84A(2) of the Civil Aviation Act 1988, issued and subsequently cancelled AD/PA-44/10 Amdt 1 affecting Piper PA-44 aircraft, effective from 18 December 2008, without necessitating a Regulatory Impact Statement or public consultation. This cancellation aligns with Australia's obligations under international aviation conventions, reflecting the policy objective of maintaining stringent safety standards in 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. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products as prescribed in the regulations. The ADs are legislative instruments and are subject to disallowance and review in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Registry of an aircraft holds the primary responsibility for ensuring the continuing airworthiness of the aircraft, while the State of Design must provide necessary information to support this responsibility. In the case of AD/PA-44/10 Amdt 1 issued by CASA, affecting Piper PA-44 aircraft, the directive has been cancelled due to Australia’s international obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this cancellation. The AD was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This broad authority is further defined by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are significant and multifaceted. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry to ensure that the aircraft remain airworthy. The State of Registry, on the other hand, must establish or adopt the requisite requirements to maintain the airworthiness of individual aircraft under its jurisdiction. In practical terms, CASA, acting on behalf of the Australian government, has the responsibility to issue and manage these ADs, ensuring they align with international standards and obligations.
The Civil Aviation Safety Regulations 1998 further specify that an AD is a disallowable instrument, subject to the scrutiny of the relevant legislative processes. In the specific case of AD/PA-44/10 Amdt 1, which affected Piper PA-44 aircraft, CASA has reviewed and subsequently cancelled the directive. This cancellation, effective from 18 December 2008, was due to Australia's commitments under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. The cancellation decision 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.
In terms of legal consequences, any breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could result in significant penalties. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations generally attract substantial fines and potential imprisonment under Australian law. Compliance with ADs is critical, as failure to adhere to these directives can compromise the safety of air navigation, leading to severe civil or criminal consequences for individuals and entities involved.