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-44/15 affecting Piper PA-44 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 4 June 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, 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 by the Commonwealth Parliament, serves as the principal piece of legislation governing civil aviation in Australia. This Act was introduced to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as permitted under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these ADs is to align with international standards under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations in maintaining the safety and airworthiness of aircraft within its jurisdiction. The cancellation of a particular AD affecting Piper PA-44 aircraft, announced by CASA, reflects the dynamic nature of regulatory requirements and the commitment to international safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs are issued under the authority of the Governor-General and are intended to align with the obligations outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of aircraft types, while the State of Registry is responsible for the ongoing airworthiness of individual aircraft. In the case of the AD/PA-44/15, which affected Piper PA-44 aircraft, CASA has reviewed and subsequently cancelled the directive, with the cancellation taking effect on 4 June 2009. This cancellation was made in accordance with Australia’s international obligations and did not require consultation with the Australian public or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in compliance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) confirms that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under the Act require CASA to issue these airworthiness directives to ensure the continuing airworthiness of aircraft. The State of Design has a primary responsibility for the ongoing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to the States of Registry to maintain the airworthiness of aircraft types. Conversely, the State of Registry is tasked with ensuring the airworthiness of individual aircraft, developing or adopting the requisite requirements under Annex 8.
In practical terms, CASA issued AD/PA-44/15 concerning Piper PA-44 aircraft, but following a review, CASA has cancelled this directive. The cancellation, effective from 4 June 2009, signifies that no replacement AD is necessary. Given Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation regarding the cancellation of this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do 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. The legislative framework thus mandates CASA to act in the interests of aviation safety, and the process of issuing, reviewing, and cancelling ADs is integral to fulfilling these responsibilities.