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/SWSA226/6 affecting Fairchild (Swearingen) SA226 and SA227 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/6. 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 ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Regulations 1998 offering detailed provisions for implementing the Act's requirements. One key mechanism under this framework is the issuance of airworthiness directives (ADs), as authorised by regulation 39.001, which enables the Civil Aviation Safety Authority (CASA) to mandate safety measures for specific types of aircraft or aeronautical products. The ADs are critical for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The recent cancellation of AD/SWSA226/6 for the Fairchild (Swearingen) SA226 and SA227 model aeroplanes, following CASA's assessment, reflects adherence to international obligations and the resolution of the previously identified unsafe condition.
Scope and Application
The Civil Aviation Act 1988 provides the framework under which airworthiness directives (ADs) are issued, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowering the Civil Aviation Safety Authority (CASA) to issue these directives for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, and the State of Registry as responsible for individual aircraft. CASA, as the national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to enforce compliance with airworthiness requirements. This process ensures that the continuing airworthiness of aircraft operating within Australia is maintained in accordance with both national and international standards, with the legislative framework allowing for the issuance and cancellation of ADs based on the evolving safety landscape.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Complementing this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument, which means it can be annulled by a House of Parliament, and it is also a legislative instrument under the Legislative Instruments Act 2003. The Convention on International Civil Aviation, particularly Annex 8, stipulates that the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must furnish any necessary information to the States of Registry to maintain airworthiness. ADs are the primary means of conveying this information among International Civil Aviation Organization (ICAO) member states.
The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. Annex 8 mandates that the State of Registry must either develop or adopt requirements to maintain the airworthiness of aircraft. In the context of Australia, when the State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This was exemplified when CASA assessed and subsequently cancelled AD/SWSA226/6, which affected Fairchild (Swearingen) SA226 and SA227 model aeroplanes. The cancellation, effective from 4 June 2009, was made due to the unsafe condition no longer existing, and no replacement AD was necessary.
CASA, as Australia’s national airworthiness authority, exercised its authority under subsection 84A(2) of the Act, issuing the AD on behalf of CASA by the Manager, Airframe and Structures, in the Airworthiness Engineering Group. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public or the requirement for a Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The regulatory framework ensures that ADs are issued in a manner that maintains safety standards and complies with international conventions.
Breaching the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. For instance, failing to comply with an AD may result in the grounding of an aircraft, which can have significant operational and financial repercussions for the aircraft operator. In more severe cases, non-compliance could lead to criminal charges, including imprisonment, fines, or both, depending on the nature and severity of the breach. The specific penalties are detailed within the relevant sections of the Act and Regulations, but they underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in civil aviation.