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/SWSA226/49 Amendment 1 affecting Fairchild (Swearingen) SA226 and SA227 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/49 Amendment 1. 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 Systems and New Technologies, 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, serves to ensure the safety of air navigation within the country. It empowers the Governor-General to make regulations that protect the safety of air navigation, and under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established. These regulations, particularly regulation 39.001, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the ongoing airworthiness of an aircraft type.
The process of issuing and cancelling ADs, such as the recent cancellation of AD/SWSA226/49 Amendment 1 for Fairchild (Swearingen) SA226 and SA227 series aeroplanes, is managed by CASA, Australia's national airworthiness authority. This action was taken in accordance with Australia's obligations under international conventions and without the need for public consultation, as deemed by the Office of Best Practice Regulation. The AD cancellation reflects the resolution of an identified unsafe condition, thereby eliminating the need for a replacement AD. The legislative instrument was made by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, in line with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation. This regulatory framework applies to entities and individuals involved in the operation, maintenance, and certification of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance service providers. The ADs are legislative instruments issued in accordance with international standards set by the International Civil Aviation Organization (ICAO) and are intended to ensure the continuing airworthiness of aircraft. The State of Design, typically the country where the aircraft is manufactured, is responsible for issuing ADs, while the State of Registry, in this case, Australia, is tasked with implementing these directives. The Civil Aviation Safety Authority, acting on behalf of the Australian government, assesses the necessity and appropriateness of issuing Australian ADs in response to international directives. This process ensures compliance with both national and international aviation safety standards, although specific ADs may be subject to cancellation if the unsafe conditions they address are resolved. The issuance and cancellation of ADs are internal regulatory actions that do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of this piece of legislation are outlined in sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring safety in air navigation (sections 98 and 39.001). Additionally, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and subsequently as legislative instruments according to section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be carefully considered and managed.
The obligations imposed by these sections require CASA to carefully evaluate any ADs issued by the State of Design and to determine if an Australian AD is necessary. If an AD is issued by the State of Design, CASA must assess this information and decide whether to issue a corresponding Australian AD. This ensures that any identified issues with aircraft types registered in Australia are addressed in a timely and effective manner. Furthermore, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, which includes adopting or developing necessary requirements to maintain safety standards.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties. The maximum penalty for each offence can include substantial fines and, in severe cases, imprisonment. Additionally, CASA has the authority to take enforcement actions against operators who fail to comply with ADs, which may include grounding aircraft or imposing other restrictions. Such measures are critical to maintaining the high safety standards required in civil aviation.
There are also potential criminal consequences for wilful or reckless non-compliance with ADs. If an individual or entity knowingly disregards an AD, they may face criminal charges, which could result in significant fines and imprisonment. This serves as a strong deterrent against non-compliance and underscores the importance of adhering to ADs to ensure the safety of air navigation. In summary, the legislation and regulations surrounding ADs are designed to maintain high safety standards in civil aviation by imposing clear obligations on CASA and aircraft operators, and by establishing significant penalties for non-compliance.