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-46/13 affecting Piper PA-46 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 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 Acting Manager, Airframe 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 regulate civil aviation in Australia and to ensure the safety of air navigation, includes provisions for the creation of regulations that contribute to this overarching goal. In this context, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, with such directives being legislative instruments subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988, through its delegation to CASA, ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types. The recent cancellation of AD/PA-46/13, which affected Piper PA-46 aircraft, exemplifies the application of these legislative frameworks in practice, demonstrating CASA's role in maintaining the safety standards in line with international commitments.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The ADs issued by CASA are made in the interest of safety and are subject to review and cancellation, as exemplified by the recent cancellation of AD/PA-46/13 for Piper PA-46 aircraft, reflecting Australia's commitment to international obligations. Notably, this cancellation does not require consultation with the public or a Regulatory Impact Statement, underscoring the specific technical nature of such directives. The authority to issue these directives is exercised by designated personnel within CASA, ensuring that the regulatory process remains both efficient and effective.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (Regulation 39.001). These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (Subregulation 39.001(5)). This process is integral to maintaining the safety of air navigation as outlined in section 98 of the Civil Aviation Act 1988. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has a primary responsibility for ensuring the continuing airworthiness of an aircraft type and must share necessary information with States of Registry to support this goal. The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft, aligning with the requirements set out in Annex 8.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by ADs include adherence to the directives issued by CASA. This includes complying with any modifications or inspections mandated by the ADs, ensuring that aircraft and aeronautical products meet the specified safety standards. CASA, as the issuing authority, must also ensure that ADs are aligned with international standards and obligations under the Convention on International Civil Aviation. The State of Registry has the responsibility to implement and enforce these ADs within their jurisdiction, maintaining records and reporting as necessary to demonstrate compliance.
Breaches of ADs can lead to serious consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Operators failing to comply with ADs can face civil penalties, including fines, as well as criminal penalties for more severe breaches. The exact penalties depend on the nature and severity of the non-compliance but can include substantial fines for individuals and corporations. Additionally, non-compliance can result in the grounding of aircraft, which has direct safety and operational implications. The enforcement actions taken by CASA can also include legal proceedings to ensure adherence to the ADs and the broader regulatory framework governing aviation safety in Australia.