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.
The Civil Aviation Safety Authority or its predecessors issued AD/SWSA226/13 affecting Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/13. The cancellation will become effective on 4 June 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to create regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing specific regulatory measures. Under section 98 of the Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs), which are legislative instruments used to mandate ongoing airworthiness requirements for specific types of aircraft or aeronautical products. The ADs serve to align with international standards set by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation, ensuring that Australia’s national airworthiness authority, CASA, effectively manages the continuing airworthiness of aircraft registered within the country. The ADs are a practical application of the Act, ensuring that CASA can respond to safety concerns by issuing, modifying, or cancelling directives as necessary to maintain the highest safety standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These regulations apply to all aircraft registered in Australia and to entities such as aircraft manufacturers, operators, and maintenance providers within the aviation industry. The primary purpose of these ADs is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs based on information from the aircraft’s State of Design or other ICAO Contracting States. This legislative process ensures that any safety concerns identified by the State of Design are communicated and enforced within Australia, thereby maintaining high safety standards for civil aviation. The ADs are legislative instruments subject to disallowance and must be assessed for regulatory impact, although specific instances like the cancellation of AD/SWSA226/13 may not require public consultation if the unsafe condition no longer exists.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Governor-General may make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are multifaceted. Firstly, the State of Design of an aircraft type, in accordance with Annex 8 to the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of the aircraft type. This entails providing necessary information to the States of Registry to ensure the aircraft's airworthiness. Secondly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, is required to assess the information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the provisions of an AD can lead to significant consequences. Under section 108 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be liable for penalties. The Act does not specify the exact penalties but generally, contraventions of regulations can result in substantial fines and, in severe cases, imprisonment. CASA has the power to enforce compliance and may take actions ranging from issuing fines to grounding aircraft if the safety of air navigation is deemed to be compromised.
The Civil Aviation Safety Regulations 1998 further outline the procedures for issuing and enforcing ADs. Regulation 39.001(2) stipulates that CASA must ensure that all ADs are published in a manner accessible to the aviation community, thereby ensuring transparency and compliance. Furthermore, CASA must maintain records of all ADs issued and ensure that they are easily retrievable for reference. This regulation underscores the importance of clear communication and record-keeping in maintaining airworthiness standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for the issuance and enforcement of airworthiness directives, ensuring that aircraft continue to meet safety standards. The obligations on the State of Design and the State of Registry, along with the enforcement mechanisms provided by CASA, work together to maintain the high safety standards required in the aviation industry.