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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the SAAB 340 aeroplane by the Swedish Transport Agency. Sweden is the State of Design of the SAAB 340. CASA has identified six ADs issued between 1984 and 1990 that were not mandated in Australia but which may be applicable, or may have been applicable in the past, to some of the fifty three SAAB 340 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these six Swedish ADs in a new AD called AD/SF340/111 State of Design Airworthiness Directives. AD/SF340/111 will become effective on 27 August 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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 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 by the Commonwealth Parliament to provide a legislative framework for civil aviation safety and efficiency in Australia. This Act was introduced to address the need for comprehensive regulation of civil aviation, ensuring safety and efficiency while meeting international standards. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on air navigation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism is integral to the continuing airworthiness of aircraft, ensuring that they meet safety standards both domestically and internationally. The ADs are a critical tool in fulfilling Australia's obligations under the Convention on International Civil Aviation, overseen by the State of Design and the State of Registry of the aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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 to ensure the safety of air navigation. These directives are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. As Australia is a signatory to the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Consequently, CASA, acting as Australia's national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. In the case of the SAAB 340 aeroplane, CASA has identified six ADs from the Swedish Transport Agency that were not previously mandated in Australia but may be applicable to some of the fifty-three SAAB 340 aeroplanes on the Australian register of civil aircraft. Therefore, CASA has issued a new AD called AD/SF340/111 to list these directives, effective from 27 August 2010. Due to the international obligations under the Convention on International Civil Aviation and the nature of the ADs as responses to State of Design directives, no public consultation or Regulatory Impact Statement has been required.
Key Provisions
The main sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that are relevant here pertain to the issuance and effect of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for types of aircraft or aeronautical products. This authority stems from the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation for ensuring the continuing airworthiness of an aircraft type. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA and other parties are significant. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design. This ensures that aircraft on the Australian register of civil aircraft remain airworthy. Additionally, the State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure this, aligning with Annex 8 requirements. For instance, CASA has reviewed ADs for the SAAB 340 aeroplane issued by the Swedish Transport Agency, identifying six ADs that were not previously mandated in Australia but may apply to some SAAB 340 aeroplanes registered in Australia.
Failing to comply with the requirements of an AD can result in serious consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the text, non-compliance with ADs generally leads to significant regulatory and safety risks. This could potentially involve civil penalties, criminal charges, or other enforcement actions under the Civil Aviation Act 1988. The potential penalties could vary widely based on the nature and severity of the breach, but they may include fines or other sanctions that reflect the seriousness of compromising air safety.