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-46/17 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 by the Australian Parliament, establishes a comprehensive framework to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to issue regulations aimed at enhancing the safety of air navigation, with the overarching goal of protecting public safety and property. One such regulation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate safety improvements for specific types of aircraft or aeronautical products. These directives are legislative instruments that align with Australia's obligations under the Convention on International Civil Aviation, ensuring that national regulations are consistent with international standards.
In light of these international obligations, CASA has determined that AD/PA-46/17, which previously affected Piper PA-46 aircraft, should be cancelled as of 9 April 2009. This decision was made in accordance with the authority granted under section 84A(2) of the Act, reflecting CASA's commitment to maintaining airworthiness standards that meet international expectations. The cancellation of this AD is a direct response to Australia’s responsibilities under the Convention, thus no public consultation was deemed necessary. Additionally, the Office of Best Practice Regulation has confirmed that such ADs do not require a Regulatory Impact Statement, further streamlining the process to ensure that safety directives are implemented efficiently.
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 types of aircraft or aeronautical products. These ADs are legislative instruments that play a crucial role in ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. CASA, acting within its regulatory framework and in alignment with international obligations, issued AD/PA-46/17 for Piper PA-46 aircraft. However, due to Australia’s commitments under the Convention, CASA subsequently cancelled this directive, with the cancellation becoming effective on 9 April 2009, and no replacement AD was deemed necessary. This action was taken by the Acting Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to enact regulations that serve the interests of air navigation safety (section 98). In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments (subsection 39.001(5)). This means they are formal documents with legal standing that aim to maintain the safety and airworthiness of aircraft.
The obligations imposed by these regulations are significant. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the ongoing airworthiness of aircraft types and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt measures to ensure the continuing airworthiness of individual aircraft. In practice, CASA issues ADs to fulfil these obligations and maintain the safety standards required by international conventions.
Breaches of the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. While the specific regulations do not detail maximum penalties, violations of safety directives can result in enforcement actions, including fines and other sanctions. Failure to comply with ADs could also lead to more severe outcomes, such as grounding of aircraft, suspension of operations, or legal action against individuals or companies found in breach. Given the critical nature of aviation safety, adherence to these directives is not just a regulatory requirement but a fundamental aspect of ensuring public safety.