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/SF340/41 Amdt 1 to update the revision status of the Swedish AD applicable to this AD in respect of SAAB SF340A and SF340B series aircraft and including non-technical minor editorial changes to the contents, other than for a permanent repair requirement in the compliance section to ensure this AD remains applicable to those aircraft which may still be subject to repeat visual inspections every 800 flight hours. As this amendment does not effect the requirement document of the previous AD (effective 1994) operators should not be 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 comprehensive legal framework for civil aviation in Australia, addressing gaps in aviation safety and regulation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), under section 98, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. As a legislative instrument, ADs are subject to disallowance, in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind ADs is to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to issue Australian ADs when necessary, ensuring compliance with international directives and enhancing aviation safety within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, reflecting their importance in ensuring the continuing airworthiness of aircraft. These directives are issued in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess this information and, when necessary, issue corresponding ADs to enforce the requirements established by the State of Design. This legislative framework ensures that the safety and airworthiness of aircraft registered in Australia remain consistent with international standards and the specific safety requirements of the aircraft types in question.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 include regulation 39.001, which permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This authority is exercised under the overarching framework of section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The ADs serve as a legislative instrument as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. One such AD, AD/SF340/41 Amdt 1, pertains specifically to the SAAB SF340A and SF340B series aircraft, updating the revision status of the Swedish AD and including minor editorial changes to ensure compliance with the State of Design's requirements.
The obligations imposed by these regulations on the parties involved primarily revolve around the maintenance of continuing airworthiness of the aircraft. The State of Design, in this case, Sweden, has the responsibility to provide information necessary to ensure the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, here being Australia, must then develop or adopt requirements to ensure that the aircraft remain airworthy. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if necessary. Operators of SAAB SF340A and SF340B aircraft must comply with these ADs to maintain the airworthiness of their aircraft.
There are specific consequences for breaches of these regulations. Although the AD/SF340/41 Amdt 1 amendment does not affect the requirement document of the previous AD, failure to comply with the issued ADs could lead to serious safety risks. The Civil Aviation Safety Regulations 1998, however, do not explicitly detail penalties for non-compliance with ADs. Typically, non-compliance with CASA regulations could result in enforcement actions, fines, or other sanctions as provided by the Civil Aviation Act 1988. The lack of consultation with the Australian industry and public regarding this specific amendment suggests that there are no immediate safety concerns that would warrant severe penalties, but ongoing compliance remains crucial.