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/SWSA226/35 affecting Fairchild (Swearingen) SA226-T(B) and SA226-TC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/35. 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, enacted by the Australian Parliament, was introduced to provide a comprehensive legal framework for ensuring the safety and efficiency of civil aviation within Australia. This Act enables the Governor-General to make regulations aimed at enhancing the safety of air navigation, thereby establishing a robust system for the oversight of civil aviation activities. The Act delegates authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such directives are legislative instruments designed to mandate specific safety measures for particular types of aircraft or aeronautical products, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective behind these regulations is to maintain the highest standards of airworthiness and safety, thereby protecting the public and promoting efficient and safe civil aviation operations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes a comprehensive framework for the regulation of airworthiness in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to issue regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are essential for maintaining the continuing airworthiness of aircraft registered in Australia. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design, typically the country where the aircraft was designed, and issuing corresponding Australian ADs if necessary. This legislative framework ensures that Australian aviation standards align with international obligations under the Convention on International Civil Aviation, particularly concerning the State of Registry’s responsibility for the ongoing airworthiness of individual aircraft.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to make regulations that serve the purposes of the Act, with a primary focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, by extension, legislative instruments under the Legislative Instruments Act 2003.
Under the obligations imposed by the Act and the Regulations, the State of Design, which is the State where the aircraft type is designed, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where the individual aircraft is registered, is responsible for the aircraft’s continuing airworthiness and must establish or adopt requirements to ensure compliance with airworthiness standards. When an AD is issued by the State of Design, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
There are no specific offences or penalties outlined in the text for breach of ADs, but non-compliance with airworthiness directives can lead to severe consequences under the Civil Aviation Act 1988. These consequences may include the grounding of aircraft, fines, and other enforcement actions by CASA. The maximum penalties for non-compliance can vary, but they can include substantial fines and, in severe cases, imprisonment. The text does not specify maximum penalties but implies that there are severe repercussions for failing to comply with ADs.
The cancellation of an AD, such as AD/SWSA226/35 affecting Fairchild (Swearingen) SA226-T(B) and SA226-TC model aeroplanes, is a result of fulfilling Australia’s obligations under the Convention on International Civil Aviation. Since the unsafe condition no longer exists, no replacement AD is required, and therefore, no consultation with the public or the Office of Best Practice Regulation was necessary. The AD cancellation was 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.