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 issued AD/SF340/17, Amendment 3, affecting SAAB 340 model aircraft, in 1995. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 20 December 2007. No replacement AD is required, as the original unsafe condition no longer exists. Compliance with Airworthiness Limitations is mandated elsewhere.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes 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, is designed to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for regulating civil aviation activities, with a strong emphasis on safety, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. This regulatory approach ensures that aircraft registered in Australia meet international standards for safety and airworthiness. The Civil Aviation Act 1988 aims to align Australian aviation safety regulations with international standards, thereby enhancing the safety of air navigation within Australia and contributing to global aviation safety objectives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 supports this regulatory framework by enabling the Governor-General to make such regulations for ensuring the safety of air navigation. The ADs issued by CASA are in line with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft’s airworthiness. CASA, as Australia’s national airworthiness authority, reviews information from the State of Design and, if necessary, issues Australian ADs to enforce the required safety measures. The cancellation of AD/SF340/17, Amendment 3, concerning SAAB 340 model aircraft, exemplifies CASA's responsibility to ensure safety by eliminating unnecessary regulatory burdens and updating mandates as conditions change.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legal framework for civil aviation in Australia, and section 98 (1) of this Act allows the Governor-General to make regulations to ensure the safety of air navigation. One such regulation is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs pertain to specific types of aircraft or aeronautical products to ensure their continued airworthiness. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations centre around the responsibility of the State of Design and the State of Registry of an aircraft. The State of Design, which is the country where an aircraft type is designed, has the overall responsibility for the continuing airworthiness of that type of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the State of Registry to ensure that the aircraft remains airworthy. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In the specific case of SAAB 340 model aircraft, CASA issued AD/SF340/17, Amendment 3, in 1995, but has since reviewed and decided to cancel this AD, effective from 20 December 2007. This cancellation does not require a replacement AD as the original unsafe condition no longer exists, and compliance with Airworthiness Limitations is mandated elsewhere. The cancellation was made without public consultation as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set out in these regulations can lead to serious consequences. The Civil Aviation Safety Regulations 1998 include provisions that mandate compliance with ADs, and failure to comply can result in severe penalties. For instance, under section 41 of the Civil Aviation Act 1988, operating an aircraft in contravention of an AD can be considered an offence, and the penalties can include fines and imprisonment. The exact penalties can vary depending on the specific breach and the severity of the non-compliance, but they can be substantial, reflecting the critical importance of airworthiness for public safety.