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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA issued AD 90-01-02, affecting Piper PA-60 aircraft, in 1990. The United States is the State of Design for this type. CASA has amended the equivalent Australian AD to align it with the FAA AD in mandating the installation of the Fire Detection System in accordance with Aerostar Aircraft Corporation Service Bulletin No. 920A. The amended AD, AD/TSA-600/36 Amendment 4, will become effective on 4 June 2012. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
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 legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as evidenced by the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 mandate that ADs are to be issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, reflecting Australia's commitment to global aviation safety. The recent issuance of an AD for Piper PA-60 aircraft by CASA, aligned with the FAA's AD 90-01-02, underscores the importance of international cooperation and adherence to international civil aviation obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, 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 and fall under the jurisdiction of the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft in alignment with Annex 8 of the Convention on International Civil Aviation, where the State of Design is responsible for the airworthiness of an aircraft type, and the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is tasked with issuing Australian ADs that mandate the requirements of State of Design ADs, ensuring that Australian-registered aircraft meet international safety standards. This particular AD, which aligns with the United States Federal Aviation Administration's AD 90-01-02 for Piper PA-60 aircraft, sets forth technical requirements for the installation of a Fire Detection System, reflecting Australia's obligations under international aviation agreements. No consultation of the Australian public was necessary for this AD as it is directly aligned with international standards and requirements. Furthermore, the Office of Regulatory Review has confirmed that ADs do not require a Regulatory Impact Statement, and the instrument is compatible with human rights and freedoms as it does not engage any of the applicable rights or freedoms.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments, subject to disallowance and review (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003). Under Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the individual aircraft's continuing airworthiness. CASA, acting on Australia's obligations under the Convention, evaluates information from the State of Design and issues corresponding ADs as necessary.
The obligations imposed by these regulations require CASA to assess and, if deemed necessary, issue ADs that align with international standards and practices. In this specific case, CASA has amended the Australian AD for Piper PA-60 aircraft, aligning it with the United States Federal Aviation Administration (FAA) AD 90-01-02. The amended AD, AD/TSA-600/36 Amendment 4, mandates the installation of a Fire Detection System in accordance with Aerostar Aircraft Corporation Service Bulletin No. 920A, effective from 4 June 2012. This amendment cancels and replaces the previous version of the AD.
Failure to comply with the provisions of these ADs can result in serious safety and legal consequences. Aircraft found to be non-compliant with ADs may be deemed unairworthy, leading to potential grounding of the aircraft and enforcement actions against the aircraft operator. The specific penalties for non-compliance are not detailed in the provided text, but under general aviation law, violations can attract significant fines and other regulatory sanctions. Non-compliance can also have civil and criminal ramifications, including potential prosecutions for endangering public safety.