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/SWSA226/14 affecting Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/14. 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that are crucial for maintaining the continuing airworthiness of aircraft types as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The cancellation of AD/SWSA226/14 for Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes, effective from 4 June 2009, exemplifies CASA's role in aligning with international obligations and ensuring that Australian regulations reflect the current safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation within Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are legislative instruments that mandate specific safety measures for particular types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as required under international conventions such as Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft holds primary responsibility for the ongoing airworthiness, while the State of Registry, in this case CASA, ensures compliance with these international standards by issuing corresponding ADs when necessary. The ADs are designed to address unsafe conditions identified by the State of Design, and CASA has the discretion to cancel such directives if the unsafe conditions are resolved. In the case of AD/SWSA226/14 concerning Fairchild (Swearingen) SA226TC, SA226T, and SA226AT model aeroplanes, CASA has cancelled the directive, effective from 4 June 2009, as the unsafe condition no longer exists, thereby fulfilling Australia's obligations under international civil aviation agreements.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that pertain to the Act, with a primary focus on ensuring the safety of air navigation. Under these regulations, specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives serve as a mechanism for maintaining the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of an aircraft type.
The obligations imposed by these provisions include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry. This entails the dissemination of ADs and other pertinent information to maintain safety standards. For States of Registry, such as Australia, the responsibility extends to developing or adopting requisite requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil or criminal penalties. Specifically, CASA may take action against aircraft operators who fail to comply with the ADs, potentially resulting in fines or other penalties as stipulated by the Act. The Civil Aviation Regulations 1988 also provide for administrative penalties, including monetary fines for non-compliance with airworthiness directives. The maximum penalties can vary depending on the severity of the breach and are designed to enforce adherence to safety regulations.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for issuing airworthiness directives to ensure the safety of aircraft. The obligations placed on the State of Design and States of Registry are crucial in maintaining the continuing airworthiness of aircraft. CASA's role in issuing and enforcing these directives is central to ensuring compliance with international safety standards. Non-compliance can result in serious civil or criminal penalties, underscoring the importance of adhering to the provisions outlined in the Act and its regulations.