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 raised AD/SWSA226/43 Amendment 6 to correct an unsafe situation on Fairchild SA 226 and SA 227 series aircraft. As a result of a request from industry, CASA has decided to amend this AD to update compliance to the latest version of the requirement document. The State of Design for these types, the United States of America, has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. The amended AD, AD/SWSA226/43 Amendment 7, will become effective on 27 January 2012. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as the AD amendment is administrative only and simply updates the requirement document to the latest version. Compliance times remain unchanged and the amendment does not introduce any additional requirements.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the General Manager, Airworthiness and Engineering Branch /Manager, Initial Airworthiness/New Technology and Regulatory Trends, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with a clear policy objective to enhance and maintain the highest standards of safety in civil aviation. The Civil Aviation Safety Regulations 1998, which were enacted under the authority of the Act, further detail the requirements for airworthiness and safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to address specific safety concerns related to aircraft types and aeronautical products. The Act and its accompanying regulations aim to align Australian aviation safety standards with international conventions, particularly those established by the International Civil Aviation Organization (ICAO), ensuring that both the State of Design and the State of Registry maintain their respective responsibilities for the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, in conjunction with 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, ensuring the safety of air navigation. These ADs, which are legislative instruments, mandate the necessary requirements to maintain the continuing airworthiness of aircraft registered in Australia. Such directives apply to aircraft types that are registered in Australia, regardless of the State of Design or Registry. CASA’s responsibility under Annex 8 of the Convention on International Civil Aviation mandates that when a State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. In this context, CASA issued AD/SWSA226/43 Amendment 7 to address an unsafe condition on Fairchild SA 226 and SA 227 series aircraft, correcting the compliance requirements without introducing new obligations or altering compliance timelines. The issuing of these ADs does not require consultation with the industry or public as the amendments are purely administrative, focusing on updating the requirement documents. The compatibility of these directives with human rights and freedoms has been affirmed, as they do not impinge on any of the rights or freedoms outlined in the relevant international instruments.
Key Provisions
The main operative sections of the Civil Aviation (Safety) Regulations 1998 (Cth) require the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments and are designed to ensure the continuing airworthiness of aircraft types and aeronautical products, aligning with the provisions of Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United States of America, has the responsibility for issuing ADs for aircraft types, while the State of Registry, here Australia, must ensure that these ADs are adopted and enforced. CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to address unsafe conditions identified on aircraft registered in Australia.
The obligations and requirements imposed by the ADs are primarily focused on ensuring the safety of air navigation. CASA, as the authority issuing the ADs, must carefully assess any safety issues identified by the State of Design and take appropriate action to mitigate those risks. For the State of Registry, the obligation is to ensure that the ADs are implemented and that aircraft registered within its jurisdiction comply with the mandated requirements. Aircraft operators, who are the direct stakeholders in these regulations, must adhere to the ADs by following the compliance timelines and implementing the necessary modifications or inspections as specified. CASA’s role also includes monitoring compliance and taking enforcement action if an operator fails to meet the requirements of an AD.
The ADs themselves do not explicitly detail specific offences or penalties for non-compliance within the regulations. However, the overarching Civil Aviation Act 1988 (Cth) provides a framework within which CASA can enforce compliance. Non-compliance with ADs could potentially lead to enforcement actions under the Act, including the issuance of improvement notices, fines, and even the grounding of non-compliant aircraft. Under the Civil Aviation Act 1988, CASA can impose administrative penalties, including fines of up to $105,000 for individuals and $525,000 for corporations, for breaches of safety regulations. More severe cases might lead to prosecution under the Criminal Code Act 1995 (Cth), resulting in higher penalties depending on the nature and severity of the breach. It is important to note that the ADs are intended to enhance safety rather than serve as a punitive measure, but their enforcement is crucial to maintaining the high safety standards expected in aviation.