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.
CASA has raised AD/SF340/16 Amendment 1 to include latest revision of the applicable Swedish AD in respect of SAAB SF340A and SF340B series aircraft. The applicability of the AD now includes the SF340B aircraft. Operators of the SF340A aircraft would have complied by now as these aircraft have been applicable since 1989. Although this AD is new to the SF340B aircraft there should be little effect on operators of this aircraft as they are subject to approved systems of maintenance and reliability programmes. As there are 50 examples of the SAAB SF340B on the Australian register CASA has developed this amendment to reflect the requirements of the State of design. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the need for stringent regulations to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations in the interest of safety, with the Civil Aviation Safety Regulations 1998 further detailing the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to maintain the highest safety standards in line with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, issues ADs in response to directives from the aircraft's State of Design, ensuring compliance with international airworthiness standards. The recent amendment to AD/SF340/16, addressing the SAAB SF340A and SF340B series aircraft, exemplifies this regulatory approach by incorporating updated requirements from the Swedish AD for the SF340B aircraft, reflecting the State of Design's latest safety directives and ensuring the continuing airworthiness of these aircraft within the Australian register.
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 kinds of aircraft or aeronautical products, establishing legislative instruments as per section 46A of the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. Specifically, CASA, as Australia’s national airworthiness authority, must issue an Australian AD when a State of Design issues an AD for aircraft types registered in Australia. This legislative framework ensures that safety standards are uniformly applied across the industry, although ADs do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review. The recent AD/SF340/16 Amendment 1, which includes the latest revision of the applicable Swedish AD for SAAB SF340A and SF340B series aircraft, exemplifies CASA's role in implementing international safety mandates and reflects the requirements of the State of Design, impacting the 50 SAAB SF340B aircraft on the Australian register.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Regulation 39.001(5) clarifies that these ADs are disallowable instruments, and thus, they constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The AD/SF340/16 Amendment 1, issued by CASA, pertains to the SAAB SF340A and SF340B series aircraft, reflecting the latest revisions of the applicable Swedish AD. This amendment extends the applicability of the AD to include the SF340B aircraft, which previously were not covered by this directive.
The obligations imposed on the parties governed by this Act primarily revolve around ensuring the continuing airworthiness of the aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the overall responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to appropriate States of Registry. In this case, Australia, through CASA, must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. Operators of affected aircraft, namely the SF340A and SF340B, are obligated to comply with these ADs to maintain the airworthiness of their aircraft.
Failure to comply with the ADs can lead to significant consequences. While the AD/SF340/16 Amendment 1 does not raise any safety issues, non-compliance with ADs generally could result in serious civil or criminal penalties. Under the Civil Aviation Act 1988, breaches of regulations can attract penalties, and in severe cases, criminal charges. The specific penalties depend on the nature and severity of the breach but can include substantial fines and imprisonment. Ensuring compliance with ADs is critical for maintaining the safety standards mandated by international and national regulations.