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.
Following an internal review by CASA of ADs affecting SAAB 340B model aircraft, CASA determined that AD/SF340/54 Amendment 1 issued in 1997 erroneously removed all references to the requirements of Swedish Luftfartsverket (LFV) AD
1-103 whilst incorporating the requirements of LFV AD 1-113. This was continued when CASA issued AD/SF340/54 Amendment 2 in 1998. As a result CASA has decided to cancel AD/SF340/54 Amendment 2 and issue two new ADs reflecting the requirements of LFV AD 1-103R1 and 1-113R1. The cancellation of AD/SF340/54 Amendment 2 will become effective on 11 January 2010.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating the responsibility to the Civil Aviation Safety Authority (CASA). In line with the Act, the Civil Aviation Safety Regulations 1998 allow CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain the safety and airworthiness of aircraft. These ADs are legislative instruments and can be subject to disallowance. The cancellation of AD/SF340/54 Amendment 2 and the issuance of new ADs reflect CASA’s commitment to correcting oversights in regulatory requirements to ensure the continuing airworthiness of aircraft, as mandated under international standards set by ICAO. The AD was made by the Manager, Continuing Airworthiness, on behalf of CASA, ensuring compliance with the legislative framework.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to entities involved in the operation, maintenance, or manufacture of the affected aircraft, ensuring adherence to safety standards set forth by the State of Design and the State of Registry. The geographic reach of these regulations is national, as CASA acts on behalf of the Commonwealth of Australia. ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. While these regulations are comprehensive, they do not cover every possible scenario, and CASA may extend or restrict their application through subordinate instruments, ensuring that the safety requirements remain relevant and effective. The application of these ADs is further influenced by international standards set by ICAO, which guide the continuing airworthiness of aircraft types across different jurisdictions.
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. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make these regulations for the purposes of the Act and for the safety of air navigation. Subregulation 39.001(5) of the Regulations states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
These ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to appropriate States of Registry to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue Australian ADs if necessary. This was the case when CASA reviewed ADs affecting the SAAB 340B model aircraft, leading to the issuance of new ADs reflecting updated requirements from the Swedish Luftfartsverket (LFV).
The obligations imposed by these regulations require CASA to carefully review and assess any ADs issued by the State of Design and to ensure that Australian ADs reflect accurate and comprehensive requirements for maintaining the airworthiness of aircraft on the Australian Register. CASA's decision to cancel AD/SF340/54 Amendment 2 and issue new ADs, AD/SF340/54 Amendment 1, and AD/SF340/54 Amendment 2, is a direct response to the need to correct errors in previously issued directives and to ensure compliance with current safety standards.
Failure to comply with the requirements set out in the ADs can result in serious consequences, including potential safety hazards and legal penalties. The maximum penalties for non-compliance with airworthiness regulations can vary, but they may include fines and imprisonment. It is therefore crucial for all parties governed by these regulations to adhere strictly to the ADs to avoid any adverse legal or safety outcomes.