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/SF340/5 Amendment 1 to update the amendment status of the requirement document and Swedish AD in respect of SAAB 340 series aircraft. 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legislative framework for the regulation of air navigation and the operation of aircraft within Australian airspace. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for issuing ADs based on the requirements of the State of Design and the safety needs of aircraft registered in Australia. This legislative instrument was developed by CASA in accordance with the Act, reflecting the requirements of the State of Design for specific aircraft types, such as the SAAB 340 series, without necessitating consultation with industry or the public due to the absence of identified safety issues.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorized by section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft, in line 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 States of Registry to maintain airworthiness. The State of Registry, including Australia as represented by CASA, must implement these ADs to ensure the safety and compliance of aircraft within its jurisdiction. For instance, CASA has issued AD/SF340/5 Amendment 1 to address the airworthiness requirements of SAAB 340 series aircraft registered in Australia, reflecting the directives issued by the State of Design. This regulatory action is taken without public consultation due to the absence of safety concerns related to the amendment.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the legislative framework within which airworthiness directives (ADs) are issued. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that align with the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve as crucial tools in maintaining the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for ensuring the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, acting as the national airworthiness authority, is tasked with assessing the information from the State of Design and issuing Australian ADs to enforce the required measures. This process ensures that aircraft registered in Australia meet the necessary safety standards and comply with international regulations.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design must issue ADs to address any safety concerns related to the aircraft type, while the State of Registry, in this case CASA, must evaluate these directives and implement them as necessary. This collaboration ensures that safety standards are consistently upheld across the aviation sector. Additionally, CASA is mandated to assess and respond to ADs from other countries, ensuring that any aircraft registered in Australia adhere to these safety directives.
Failure to comply with ADs can result in serious consequences. While the specific offences and penalties for breaching ADs are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can lead to severe legal and safety repercussions. This might include fines, enforcement actions, and in extreme cases, grounding of the aircraft. Such measures underscore the importance of adhering to ADs to maintain the safety and integrity of the aviation industry.