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 European Aviation Safety Authority (EASA) has issued AD 2008-0054 applicable to SAAB 340 series aeroplanes. EASA acts on behalf of Sweden, the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/SF340/105, which will become effective on 8 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate the safety and efficiency of civil aviation. This Act empowers the Governor-General to make regulations, ensuring the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 facilitate the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, are intended to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The Act's policy objective is to maintain and enhance the safety of civil aviation, ensuring compliance with international obligations and domestic regulatory requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations that ensure the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for issuing airworthiness directives (ADs). These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, apply to specific kinds of aircraft or aeronautical products. The ADs are issued in response to obligations under the Convention on International Civil Aviation, where 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. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In the case of SAAB 340 series aeroplanes, the European Aviation Safety Authority (EASA) issued AD 2008-0054, prompting CASA to issue Australian AD/SF340/105, effective from 8 May 2008. Given the international obligations and the specific nature of ADs, no public consultation or Regulatory Impact Statement is required for these instruments.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 primarily concern the issuance and requirements of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901.
The obligations and requirements imposed by these provisions are primarily on CASA, as the national airworthiness authority. When a State of Design issues an AD, CASA must assess the information provided and, if necessary, issue an Australian AD to ensure compliance with international airworthiness standards. This involves evaluating the safety concerns highlighted in the foreign AD and determining whether similar requirements are necessary for aircraft registered in Australia. The State of Registry, which in this case is Australia, must also ensure the continuing airworthiness of individual aircraft, aligning with the requirements set by the State of Design and any subsequent Australian ADs.
In terms of consequences for breach, while the specific regulatory framework does not detail civil or criminal penalties within the explanatory statement provided, it is reasonable to infer that non-compliance with ADs could lead to significant safety risks, potentially resulting in enforcement actions by CASA. Such actions might include grounding of non-compliant aircraft, fines, or other regulatory sanctions. Given that ADs are issued to ensure safety and compliance with international standards, failure to adhere to them could also result in international scrutiny and implications for Australia's aviation safety reputation. The primary focus, however, remains on maintaining the highest safety standards in accordance with international civil aviation conventions.