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/SF340/44 Amendment 1 in respect of SAAB SF340A and SF340B series aircraft to update the revision status of the applicable Swedish AD, rearrange the contents and formalise the intent of the Swedish AD revision by presenting an alternative means of compliance that gives terminating action to this AD by removal of the inspection intervals.
As this amendment is only an improvement to the presentation of the previous issue of this AD (effective 1994) 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. The Act establishes a framework for the regulation of aircraft, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the requirements and processes for issuing ADs, which are legislative instruments made under the authority of the Act. The policy objective of these regulations is to maintain and enhance the safety standards of civil aviation in Australia by ensuring that all aircraft meet the necessary airworthiness criteria. CASA, as the national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs to mandate the requirements of the State of Design, thereby harmonising international standards with Australian regulations.
Scope and Application
The Civil Aviation Act 1988, coupled with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that these directives align with the overarching goal of maintaining the safety of air navigation as stipulated in section 98 of the Act. Such ADs are classified as legislative instruments under the Legislative Instruments Act 2003, signifying their formal regulatory status. This regulatory mechanism applies to all aircraft and aeronautical products registered in Australia, necessitating that the State of Registry, primarily CASA, enforces these directives to ensure compliance with continuing airworthiness standards as mandated by Annex 8 to the Convention on International Civil Aviation. In the case of the SAAB SF340A and SF340B series aircraft, CASA issued AD/SF340/44 Amendment 1 to update the presentation of the Swedish AD revision without introducing any technical changes, thereby not affecting operational safety or requirements for operators. This amendment, developed to align more closely with the State of Design’s requirements, was made without public consultation as it did not introduce new safety issues.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). An AD is defined as a disallowable instrument under subregulation 39.001(5), thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are critical tools used to ensure the ongoing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia.
Under the Civil Aviation Act 1988, CASA is mandated to assess and, if appropriate, issue ADs when the State of Design issues such directives for aircraft types on the Australian Register. This obligation arises from the State of Design's responsibility to provide necessary information to maintain airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft in question.
The specific AD/SF340/44 Amendment 1 issued by CASA pertains to the SAAB SF340A and SF340B series aircraft to update the revision status of the applicable Swedish AD. This amendment improves the presentation and formalises the intent of the Swedish AD revision but does not introduce any technical changes. Consequently, operators of these aircraft are not affected by the content of this amendment. CASA has taken this action to better reflect the requirements of the State of Design, given there are 54 examples of the SAAB SF340A and SF340B aircraft on the Australian register. Since this amendment does not raise any safety issues, CASA did not consult with the Australian industry and public.
Failure to comply with an AD can lead to significant consequences. Under section 98 of the Civil Aviation Act 1988, CASA can take enforcement action against any person or entity that fails to comply with an AD. The penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are determined by the courts but can be substantial, reflecting the importance of adhering to ADs to maintain the safety of air navigation.