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/SF340/2 Amendment 1 to update the documents required to comply with the latest edition of Swedish AD No. 1-006 Rev. A in respect of SAAB 340 series aeroplanes. These documents now include a modification requirement. As there are some examples of the SAAB 340 on the Australian register CASA has developed an 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory measures under the Act, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are critical in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for air navigation safety, and the Civil Aviation Safety Regulations 1998 enable CASA to issue ADs as legislative instruments. The policy objective is to ensure that aircraft registered in Australia comply with international safety standards, thereby enhancing overall aviation safety. CASA’s role includes assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, reflecting the responsibility of States of Registry under Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, making ADs a legislative instrument under the Legislative Instruments Act 2003. ADs are crucial for ensuring the continuing airworthiness of aircraft types and are mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility of providing necessary information for continuing airworthiness. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to mandate the requirements of the State of Design for aircraft on the Australian Register. This process ensures that Australian aircraft comply with international standards and safety regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for issuing airworthiness directives (ADs). 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 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products (s 39.001(5)). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they serve as a critical means of ensuring the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations under this legislation require CASA to assess information from the State of Design and issue ADs that mandate requirements for aircraft on the Australian register. This ensures compliance with international standards and maintains safety standards. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce these requirements. This process ensures that the continuing airworthiness of individual aircraft is maintained in accordance with international standards.
The Civil Aviation Safety Regulations 1998 also impose specific obligations on the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes implementing ADs issued by the State of Design. In the case of AD/SF340/2 Amendment 1, CASA issued this amendment to align with the latest edition of the Swedish AD No. 1-006 Rev. A for SAAB 340 series aeroplanes, reflecting the latest modification requirements.
Failure to comply with ADs can result in significant legal consequences. Violations of ADs may lead to enforcement actions by CASA, which can include fines or other penalties as outlined in the Civil Aviation Act 1988. Non-compliance can also result in the grounding of an aircraft, impacting operations and potentially leading to criminal charges if safety is compromised. CASA's authority to enforce these regulations ensures that all parties adhere to the prescribed safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.