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.
In 1991 CASA’s predecessor issued AD/PA-46/19 specifying retirement lives for fatigue-critical assemblies in two models of Piper PA-46 aeroplanes. In 2000 CASA issued Amendment 1 to AD/PA-46/19. Suitable retirement lives for all models of
PA-46 have now been determined by the Federal Aviation Administration (FAA) in the USA, the State of Design of the PA-46. The retirement lives determined by the FAA are specified in the aeroplane maintenance manuals. CASA has reviewed AD/PA-46/19 Amdt 1 and has decided to cancel it. The cancellation will become effective on 12 February 2010. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations that serve the interests of safety in air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of the ADs, as outlined in Annex 8 of the Convention on International Civil Aviation, is to ensure the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry. In this context, CASA has decided to cancel a particular AD related to Piper PA-46 aeroplanes, following a review and due to alignment with international standards set by the Federal Aviation Administration in the USA. This action, taken in accordance with the Civil Aviation Act 1988, reflects the commitment to maintaining international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby contributing to the overarching goal of ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These directives are legislative instruments and fall under the purview of the Acts Interpretation Act 1901, which allows for their disallowance. Geographically, the application of these regulations and directives is nationally consistent with Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness. The ADs serve as a critical mechanism for disseminating continuing airworthiness information internationally. The scope of these directives extends to all entities and individuals involved in the operation and maintenance of affected aircraft within Australia, ensuring that all stakeholders comply with the prescribed safety standards. While the ADs themselves are not subject to public consultation or Regulatory Impact Statements, they are meticulously crafted by CASA, reflecting a balance between international obligations and national safety imperatives.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as crucial instruments for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards.
The obligations imposed by these regulations on the parties involved primarily revolve around compliance with the ADs issued by CASA. The State of Design, which in this context refers to the country where the aircraft is designed, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft's continuing airworthiness. The State of Registry must develop or adopt requirements to maintain this airworthiness.
Failure to comply with ADs may lead to various consequences, although specific offences and penalties are not detailed in the provided text. Generally, non-compliance with ADs could result in enforcement actions by CASA, which might include fines, suspension of airworthiness certificates, or other regulatory measures. While the text does not provide maximum penalties, it is clear that adherence to ADs is mandatory and non-compliance could have significant regulatory repercussions.
The issuance and cancellation of ADs are also governed by international standards, specifically Annex 8 to the Convention on International Civil Aviation. In the case of the Piper PA-46 aeroplanes, CASA's decision to cancel Amendment 1 to AD/PA-46/19 was influenced by Australia's obligations under this international convention. The Federal Aviation Administration (FAA) in the USA, the State of Design for the PA-46, has determined suitable retirement lives for the aeroplanes, which are now specified in the maintenance manuals. Consequently, CASA decided to cancel the AD without the need for a replacement, effective from 12 February 2010. This decision was made in accordance with the legislative process outlined in section 94(1) of the Act, by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA.