CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UK CAA has issued AD 019-09-81 affecting Shorts Skyvan model aircraft. The UK is the State of Design for this type. As a result of a request from an Australian operator, CASA has amended the equivalent Australian AD to reflect a change in the requirement document. The amended AD is AD/SC7/27 Amendment 4, which will become effective on 12 May 2005. 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.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a legislative framework for the regulation of civil aviation within Australia. This Act aims to ensure safety, efficiency, and orderly growth in the aviation sector. The Civil Aviation Regulations 1998 complement the Act by detailing specific safety standards and procedures, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments made under the authority of the Civil Aviation Act and are intended to maintain the continuing airworthiness of aircraft. The Australian Civil Aviation Safety Authority (CASA), acting as the national airworthiness authority, issues these directives in accordance with Australia's obligations under the Convention on International Civil Aviation. This particular AD was made to address an issue identified by the UK Civil Aviation Authority concerning Shorts Skyvan model aircraft, reflecting Australia’s commitment to international safety standards and ensuring the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, mandated to ensure the safety of air navigation and compliance with international standards set forth by the Convention on International Civil Aviation, particularly through Annex 8. The State of Design, which in this instance is the UK for the Shorts Skyvan model aircraft, holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in Australia is CASA. CASA's role is to assess the information provided by the State of Design and, when appropriate, issue an Australian AD to enforce the requirements. Exemptions or thresholds for the issuance of these directives are not explicitly mentioned in the text, but the necessity for international compliance and safety standards guides their application. The process of issuing ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 focus on the issuance and implementation of airworthiness directives (ADs) as stipulated in section 98 and regulation 39.001, respectively. Section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. This process is further clarified by subregulation 39.001(5), which identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these sections are primarily on CASA and the States of Design and Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with safety standards. The State of Design, such as the UK in the case of the Shorts Skyvan model aircraft, holds the responsibility of ensuring the continuing airworthiness of the aircraft type and providing necessary information to States of Registry. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with ADs may result in various consequences, including both civil and criminal penalties. While specific penalties are not detailed in the provided text, the issuance of ADs is a critical regulatory measure designed to enforce compliance with safety standards. Non-compliance can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates, and in severe cases, criminal charges. These measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.