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/SF340/26 Amendment 2 to remove reference to FAA AD
92-03-05, improve the applicability references and editorial presentation in respect of SAAB SF340A and SF340B series aircraft. As this amendment is only an improvement to the layout of the previous issue of this AD (effective 1992) and no technical changes have been made, operators are not affected by the content. As there are 54 examples of the SAAB SF340A and 340B aircraft on the Australian register CASA has developed this amendment to better 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that support the overarching goal of maintaining air navigation safety. One such regulation, Regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is exercised to ensure that aircraft remain in a condition that is safe for operation. The ADs are legislative instruments that align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs concerning specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with providing necessary information to the State of Registry. CASA, acting as Australia's national airworthiness authority, must assess the information from the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. The specific AD/SF340/26 Amendment 2, issued to improve the editorial presentation and applicability references for SAAB SF340A and SF340B series aircraft, demonstrates CASA's commitment to reflecting the design state's requirements without introducing new safety concerns. Notably, this amendment does not necessitate consultation with the industry or public, as no safety issues are presented. The Office of Regulatory Review has affirmed that such ADs do not require a Regulatory Impact Statement, underscoring their targeted nature and the procedural efficacy in maintaining aviation safety standards.
Key Provisions
The Civil Aviation (Airworthiness) Amendment (Airworthiness Directives) Regulations 2009 (the "Regulations") under the Civil Aviation Act 1988 (the "Act") concern the issuance of airworthiness directives (ADs) for aircraft types registered in Australia. According to section 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. Under section 98 of the Act, the Governor-General can make regulations for the purposes of the Act and in the interests of air navigation safety, which includes the issuance of these ADs.
The Regulations impose several obligations on the parties involved. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure compliance with safety standards. The State of Registry, which in this context refers to CASA as Australia’s national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety criteria. Additionally, aircraft operators must comply with these ADs, ensuring that their aircraft meet the safety standards specified in the directives.
Failure to comply with an AD can result in significant legal consequences. Under section 84A(2) of the Act, CASA can take action against non-compliance, which may include enforcement actions, fines, or other penalties as deemed appropriate. The Act and Regulations do not specify maximum penalties for non-compliance, but the severity of the penalties can vary depending on the nature and extent of the breach. In severe cases, non-compliance can lead to the grounding of aircraft or other enforcement actions to ensure safety standards are met.
The Regulations also clarify that ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are disallowable instruments as per section 6 of the Legislative Instruments Act 2003. This legal framework ensures that ADs are subject to appropriate scrutiny and oversight, maintaining the integrity of the regulatory process. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, indicating that these directives are primarily focused on safety and do not significantly impact the economy or other sectors beyond aviation.