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-44/12 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, addressing various aspects of safety, licensing, and operations. It empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, which is essential for maintaining public confidence and protecting lives and property. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further delineate specific safety standards and procedures. One significant regulatory tool within this framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to ensure the continuing airworthiness of aircraft types and aeronautical products. The ADs are essential for aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and Registry bear responsibility for the continuing airworthiness of aircraft. Recently, CASA has cancelled an airworthiness directive affecting Piper PA-44 aircraft, effective 18 December 2008, due to Australia's obligations under the aforementioned convention. This cancellation was made without public consultation, and it has been determined that no replacement AD is necessary. The decision to cancel the AD was executed by the Manager, Airframes and Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with the legislative requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Such directives are legislative instruments that fall under the purview of the Legislative Instruments Act 2003, and they serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case, CASA, is tasked with ensuring the ongoing airworthiness of aircraft within Australia. While the Act and the Regulations apply nationally, they are intricately linked with international obligations under the Convention on International Civil Aviation, ensuring a coordinated approach to aviation safety across different jurisdictions. The scope of application is extensive, covering all aircraft and aeronautical products within Australia, and while ADs are integral to regulatory frameworks, they do not require public consultation or a Regulatory Impact Statement under current regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are intended to ensure the continuing airworthiness of the specified aircraft. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make these regulations for the safety of air navigation. It is noteworthy that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is tasked with ensuring the continuing airworthiness of individual aircraft registered in Australia. The State of Registry, in this case CASA, has the responsibility to develop or adopt requirements necessary for the ongoing airworthiness of the aircraft as per Annex 8 of the Convention on International Civil Aviation. This obligation extends to providing the necessary information to maintain the airworthiness of the aircraft type, which is the responsibility of the State of Design. This international cooperation is fundamental to maintaining safety standards across borders.
The obligations placed upon parties governed by these regulations include compliance with the ADs issued by CASA. Operators of affected aircraft must adhere to the directives to maintain their airworthiness certification. CASA, on the other hand, must ensure that these directives are in line with international standards and obligations under the Convention on International Civil Aviation. CASA's issuance of AD/PA-44/12 and subsequent cancellation of this directive highlights the dynamic nature of airworthiness requirements and the importance of international obligations in guiding these decisions.
The cancellation of AD/PA-44/12, effective from 18 December 2008, due to Australia's obligations under the Convention on International Civil Aviation, does not require consultation with the Australian public as per the determination of the Office of Best Practice Regulation. This cancellation also does not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. It is important to note that any breach of these ADs can lead to severe consequences, including potential grounding of the aircraft, fines, or other civil or criminal penalties depending on the nature and severity of the non-compliance.