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-46/14 Amdt 2 affecting Piper PA-46-310P 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing the mechanisms for maintaining aircraft airworthiness. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework responds to the need for stringent safety measures in civil aviation, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 also classify ADs as disallowable instruments, requiring adherence to the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus aims to uphold the highest safety standards in civil aviation, fulfilling Australia’s commitments under international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These directives, which are legislative instruments, are issued to maintain the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, is tasked with providing necessary information to ensure airworthiness, while the State of Registry, which is the country where the aircraft is registered, must adopt requirements to ensure the aircraft's continued airworthiness. CASA, as the authority in Australia, has the mandate to issue and cancel such directives, as demonstrated in the case of AD/PA-46/14 Amdt 2 concerning Piper PA-46-310P aircraft, which was subsequently cancelled due to Australia's international obligations. The cancellation of this directive was made effective from 9 April 2009 and did not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulation is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument under the Legislative Instruments Act 2003. ADs serve as a primary method for disseminating information necessary to ensure the continuing airworthiness of aircraft types, a responsibility held by the State of Design under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include ensuring the safety and airworthiness of aircraft through the issuance of ADs. CASA, as the regulatory body, must review and issue these directives based on the continuing airworthiness information provided by the State of Design. Furthermore, the State of Registry of an individual aircraft has the responsibility to ensure the ongoing airworthiness of that aircraft, in alignment with the requirements set forth under Annex 8. CASA has issued and subsequently cancelled AD/PA-46/14 Amdt 2 for Piper PA-46-310P aircraft, effective from 9 April 2009, without the need for a replacement directive. This action was taken in accordance with Australia's obligations under the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for breaching ADs. However, failure to comply with ADs can result in significant safety risks, leading to potential enforcement actions by CASA. These actions can include fines, suspension or revocation of aircraft certificates of airworthiness, and other regulatory measures to ensure compliance. While the maximum penalties are not specified in the regulations, the seriousness of non-compliance underscores the importance of adhering to ADs for the safety of air navigation.