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 2008-0146R1 affecting Saab AB SF340A and 340B aeroplanes. Sweden is the State of Design for these aeroplanes. As a result, CASA has amended the equivalent Australian AD to AD/SF340/108 Amendment 1, which will become effective on 2 July 2009. 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 Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation in Australia to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. These ADs are legislative instruments that mandate compliance with safety standards. The issuing of these directives by CASA is in response to directives from the State of Design, ensuring the continuing airworthiness of aircraft registered in Australia. This process underscores the commitment to international standards and the maintenance of safe aviation practices within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act and Regulations apply to all aircraft and aeronautical products within Australia, encompassing both the design and registry states of such aircraft. This legislation is vital in ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments that mandate compliance with specific safety requirements for aircraft types or aeronautical products, and they are issued under the authority of the Governor-General in the interest of aviation safety. The geographic reach of these regulations is national, as they govern the entire Australian airspace and all aircraft registered within Australia. Subordinate instruments, such as specific ADs, may further define and extend the application of these regulations, ensuring that they meet international standards set by the Convention on International Civil Aviation. Any exclusions or exemptions from these requirements are specified within the subordinate instruments or regulations themselves.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (39.001(1)). These ADs serve to ensure the continuing airworthiness of aircraft and aeronautical products and are issued in accordance with the overarching safety objectives of the Civil Aviation Act 1988 (section 98). As detailed in subregulation 39.001(5), ADs are considered disallowable instruments, thus classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. Additionally, these directives align with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
Entities governed by the Civil Aviation Safety Regulations 1998, including aircraft operators, maintenance organisations, and aviation professionals, must comply with the requirements stipulated in the ADs. Specifically, these entities must adhere to the procedures, inspections, repairs, and modifications prescribed in the ADs to maintain the airworthiness of their aircraft. The State of Registry, in this case CASA, is responsible for assessing and issuing ADs that align with the directives issued by the State of Design, ensuring that all aircraft registered in Australia meet the necessary safety standards. Operators of Saab AB SF340A and 340B aeroplanes, for example, must comply with AD/SF340/108 Amendment 1, which mandates specific actions to address identified safety issues.
Failure to comply with an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, and may also result in criminal charges in severe cases. The exact penalties are determined based on the nature and severity of the non-compliance, but the potential for both civil and criminal liability underscores the importance of adhering to the directives. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, to ensure that safety standards are maintained.
The issuing of ADs is governed by specific procedural requirements to ensure they are effective and legally sound. For instance, the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, has the authority to make these directives under subsection 84A(2) of the Act. Furthermore, because ADs are issued in response to international obligations and do not require public consultation, they do not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This streamlined process ensures that safety directives are issued promptly and efficiently to address any identified safety issues.