AD/PITTS S-2/13 - Fuselage Mounted Main Fuel Tank Filler Cap - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the safety and efficiency of civil aviation in Australia, ensuring that aviation operations are conducted in a manner that protects the public. This Act allows the Governor-General to make regulations for the safety of air navigation, with a specific focus on the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. The ADs are legislative instruments that serve as a means to ensure the continuing airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation. The cancellation of AD/PITTS S-2/13, affecting Pitts S-1 and S-2 model aircraft, was a result of Australia's obligations under the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry have responsibilities for the continuing airworthiness of an aircraft type. CASA reviewed the directive and decided to cancel it, effective from 12 February 2009, without the need for a replacement directive. This decision was made without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act's provisions.

Scope and Application

The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Act applies to all aircraft and aeronautical products within Australia, ensuring compliance with national safety standards as per the requirements of the Convention on International Civil Aviation. Regulation 39.001 allows CASA to issue directives for specific types of aircraft or aeronautical products, which are legally binding instruments that mandate actions to maintain airworthiness. These directives are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The geographic reach of the Act is national, with responsibilities shared between the State of Design and the State of Registry to ensure ongoing airworthiness. The cancellation of specific directives, such as AD/PITTS S-2/13 for Pitts S-1 and S-2 models, is informed by international obligations and does not require public consultation or a Regulatory Impact Statement, reflecting the efficient and streamlined nature of safety regulation in civil aviation.

Key Provisions

The Civil Aviation Act 1988 (sections 98) empowers the Governor-General to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 (regulation 39.001) authorise 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 thus, they qualify as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are a form of continuing airworthiness information, which is essential for ensuring the safety and compliance of aircraft in operation. Under these regulations, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This State of Design must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. Conversely, the State of Registry of an individual aircraft is responsible for ensuring that the aircraft remains airworthy. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as outlined in Annex 8. In the context of Australian legislation, CASA or its predecessors issued AD/PITTS S-2/13, which affected Pitts S-1 and S-2 model aircraft. However, CASA has reviewed and subsequently cancelled this AD, effective from 12 February 2009. The cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and thus, no consultation with the Australian public was conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. There are no specific obligations or requirements imposed by this AD cancellation on the parties or entities it governs, as the AD has been entirely cancelled. However, it is important to note that the State of Registry must still ensure the continuing airworthiness of aircraft, even in the absence of specific ADs. Regarding penalties or consequences, there are no specific offences or penalties outlined in relation to the cancellation of this AD. Nonetheless, the overarching responsibility for the continuing airworthiness of aircraft remains with the State of Registry, and failure to comply with the regulations could lead to broader legal and safety repercussions.