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 issued AD/SF340/83 affecting SAAB 340 series aeroplanes in 2002. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 28 January 2010. No replacement AD is required, as the requirements have been superseded by incorporation into the SAAB 340 Maintenance Review Board (MRB) document life limitations section.
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, Airworthiness and Engineering Branch, Future Technology, 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. It empowers the Governor-General to make regulations under section 98, which are intended to safeguard the interests of air navigation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and their issuance aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can mandate continuing airworthiness requirements for aircraft registered in Australia, thereby addressing potential safety issues identified by the State of Design. The policy objective is to maintain high safety standards in civil aviation by effectively managing the continuing airworthiness of aircraft through regulatory measures.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are aimed at ensuring the safety of air navigation. The application of these directives extends to all aircraft registered in Australia, and they are designed to align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, typically the manufacturer, holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with ensuring that these international standards are met domestically. The issuance of ADs, and their subsequent cancellation, such as the AD/SF340/83 for SAAB 340 series aeroplanes, reflects a continuous effort to adapt and refine safety regulations in alignment with evolving industry standards and practices.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations primarily rest with CASA as Australia's national airworthiness authority. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce the design state's requirements. This ensures that Australian aircraft maintain their airworthiness standards in alignment with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes assessing ADs from the State of Design and implementing corresponding measures to maintain safety standards.
In terms of penalties and consequences, the Civil Aviation Act 1988 and associated regulations do not explicitly detail the specific penalties for non-compliance with ADs within the provided text. However, failure to comply with an AD can have serious repercussions. Civil and criminal penalties could be imposed under other sections of the Act, potentially including fines and imprisonment. The severity of these penalties would depend on the specific circumstances and the degree of non-compliance. It is also worth noting that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no public consultation was deemed necessary for the cancellation of the AD/SF340/83 as it resulted in a reduction of regulatory burden.
The process of issuing or cancelling an AD, such as the cancellation of AD/SF340/83 affecting SAAB 340 series aeroplanes, is carried out by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, Future Technology, on behalf of CASA. This ensures that the authority responsible for airworthiness directives operates within the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.