CIVIL AVIATION ACT 1988
CIVIL AVIATION 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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The FAA has issued AD 2004-14-12 affecting Piper PA-44 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-44/19, Amendment 1, which will become effective on 17 March 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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 to establish a comprehensive regulatory framework governing civil aviation activities within Australia. This Act was introduced to address the need for a unified legal structure to ensure the safety, efficiency, and orderly development of civil aviation, fulfilling Australia's obligations under the Convention on International Civil Aviation. The policy objective of this legislation is to promote safe and efficient air navigation and to establish the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for the implementation and enforcement of civil aviation safety standards. The Act authorises CASA to issue airworthiness directives to mandate safety requirements for aircraft types and aeronautical products registered in Australia. This legislative framework is instrumental in maintaining high safety standards and ensuring compliance with international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, encompasses the regulatory framework for ensuring the safety of air navigation within Australia, with specific provisions enabling the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. Under this legislative setup, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This process ensures that aircraft meet required safety standards and comply with international civil aviation standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information. In turn, the State of Registry, such as Australia, must implement and enforce these directives to ensure compliance by the operators of aircraft registered within its jurisdiction. In the case of the Piper PA-44 model aircraft, CASA has issued AD/PA-44/19, Amendment 1, reflecting Australia’s commitment to international safety standards and ensuring that all relevant aircraft meet the necessary safety criteria. This legislative and regulatory framework operates within the broader context of Australia's obligations under the Convention on International Civil Aviation, with CASA acting as the national airworthiness authority to enforce these directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's objectives, particularly those related to the safety of air navigation. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Notably, under subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by this Act are significant. The State of Design, such as the USA for the Piper PA-44 model aircraft, is mandated to provide essential information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, Australia, must adopt or develop requirements to maintain the continuing airworthiness of aircraft registered within its territory. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required standards.
In the context of the AD issued for the Piper PA-44 model aircraft, CASA has reviewed the Federal Aviation Administration's (FAA) AD 2004-14-12 and determined that it is appropriate to issue Australian AD/PA-44/19, Amendment 1. This directive will take effect on 17 March 2005 and will replace the previous AD. Given that this AD is issued in response to international obligations and a State of Design directive, no public consultation has been conducted. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement.
In terms of potential consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for breaching an airworthiness directive. However, failure to comply with an AD can lead to severe consequences, including the potential grounding of aircraft, which could result in significant operational disruptions and safety risks. While specific penalties are not detailed in the regulations, the overarching intent is to ensure strict adherence to airworthiness standards to maintain the highest levels of safety in aviation.