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 EASA has issued AD 2007-0169 affecting Saab SF340A and 340B model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SF340/102, which will become effective on 30 August 2007.
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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. In 1998, the Civil Aviation Safety Regulations were introduced to provide detailed safety standards and requirements under the Act. These regulations include provisions for the issuance of airworthiness directives (ADs) to mandate safety measures for aircraft and aeronautical products, as outlined under regulation 39.001. In accordance with international standards, such as Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and States of Registry must adopt necessary measures to maintain this airworthiness. Consequently, when a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, Australia's national airworthiness authority, CASA, must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures on aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as defined in the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, while the State of Registry, in this case CASA, must ensure the aircraft's compliance with these standards. The ADs serve as a means to communicate necessary information to ensure the continuing airworthiness of aircraft types registered in Australia, such as the Saab SF340A and 340B models, for which CASA has issued Australian AD/SF340/102 in response to an AD issued by the European Union Aviation Safety Agency (EASA). The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. They are critical for maintaining the continuing airworthiness of aircraft, ensuring that they meet safety standards set by the State of Design and adopted by the State of Registry.
The obligations under these provisions are multi-faceted. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. For example, the European Aviation Safety Agency (EASA) has issued AD 2007-0169 concerning Saab SF340A and 340B model aircraft. CASA has evaluated this directive and issued its own AD/SF340/102, which will take effect on 30 August 2007. This process ensures that Australian-registered aircraft meet international safety standards.
The legislation also mandates specific procedures for issuing ADs. Since ADs are issued due to Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, they do not require public consultation. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance, breaching an airworthiness directive can lead to severe penalties. While the specific penalties are not detailed in the provided text, it is clear that failure to comply with an AD can result in both civil and criminal liabilities. Civil penalties may include fines and other sanctions, while criminal penalties can lead to imprisonment, reflecting the gravity of ensuring air safety.