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/SF340/9 Amendment 2 to include terminating action in respect of SAAB 340 series aircraft. Terminating action was not included in AD/SF340/9 Amdt 1 (raised in 1988) as provided by State of design directive, Swedish AD No.
1-024 Revision B. As there are some examples of the SAAB SF340A on the Australian register CASA has developed an amendment to reflect the requirements of the State of design to assist aircraft operators by the provision of a terminating action. 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 Parliament of Australia, addresses the need for stringent regulations to ensure the safety of air navigation, a critical concern in the aviation industry. The Act provides the framework for the Australian Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives (ADs), which are essential for maintaining the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to harmonise Australia's approach to aircraft airworthiness with global standards, thereby enhancing safety and operational consistency. The amendments to ADs, such as AD/SF340/9 Amendment 2, reflect CASA's commitment to addressing specific safety concerns and updating regulatory requirements as necessary.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to types of aircraft or aeronautical products as mandated by regulation 39.001, ensuring compliance with safety standards established by the State of Design and the State of Registry. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003. The ADs serve to enforce continuing airworthiness requirements as stipulated by Annex 8 to the Convention on International Civil Aviation, with CASA acting as the national airworthiness authority in Australia. This legislative framework applies to aircraft registered in Australia and ensures that these aircraft meet international safety standards. The application of ADs is not subject to a Regulatory Impact Statement as determined by the Office of Regulatory Review, reflecting the nature of these directives in addressing specific safety issues without broader economic or social impact considerations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with a particular emphasis on the continuing airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. It is essential to note that these ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the responsibility to issue ADs when necessary, particularly when the State of Design issues such directives for aircraft types registered in Australia. The State of Design, typically the country where the aircraft is designed, is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, including Australia. The State of Registry, in this case CASA, is then responsible for developing or adopting requirements to maintain the airworthiness of the aircraft. This means that when the Swedish State of Design issues an AD, CASA must review it and, if appropriate, issue an Australian AD to implement the requirements of the original directive.
CASA has recently amended AD/SF340/9 to include terminating action for SAAB 340 series aircraft. This amendment, AD/SF340/9 Amendment 2, was necessary because the initial AD/SF340/9 Amendment 1, issued in 1988, did not include terminating action as specified by the Swedish State of Design directive, Swedish AD No. 1-024 Revision B. Given that there are some examples of the SAAB SF340A on the Australian register, CASA has developed this amendment to align with the State of Design’s requirements, thereby assisting aircraft operators. Notably, CASA did not consult with the Australian industry and public as there were no safety issues associated with this amendment.
Breaches of the Civil Aviation Safety Regulations 1998 can result in various legal consequences. For instance, failure to comply with ADs can lead to enforcement actions, including fines and potential criminal charges. The maximum penalties for contravening these regulations can vary, but generally, they include substantial fines for individuals and corporations. It is important for aircraft operators and other affected parties to comply with ADs to avoid these legal repercussions and ensure the safety of air navigation.