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 United States has issued AD 2007-16-03 affecting Fairchild Metroliner SA 226 and SA 227 series aircraft. The United States is the State of Design for these aircraft types. CASA has assessed this AD and as a result has issued AD/SWSA226/95 which supersedes Australian AD/SWSA226/68 Amdt 5. The cancellation of AD/SWSA226/68 Amdt 5 will become effective on 25 October 2007.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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, Engines in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety of air navigation within Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, and under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments that mandate compliance with airworthiness requirements for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft as per the obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the airworthiness of an aircraft type and the State of Registry for the individual aircraft. CASA, as Australia's national airworthiness authority, issues ADs to mandate the requirements of the State of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft and are issued by states in compliance with Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design, which in the case of Fairchild Metroliner SA 226 and SA 227 series aircraft is the United States, is responsible for issuing ADs that must be assessed and, if appropriate, adopted by CASA as Australia’s national airworthiness authority. CASA's role involves ensuring that Australian ADs align with those of the State of Design, maintaining the safety standards required under international conventions. For example, CASA has issued AD/SWSA226/95 to supersede AD/SWSA226/68 Amdt 5 in response to the United States' AD 2007-16-03, reflecting the continuous efforts to harmonise air safety standards across jurisdictions.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, under section 39.001. An AD is a legislative instrument, as per subregulation 39.001(5), which references section 46A of the Acts Interpretation Act 1901, and section 6 of the Legislative Instruments Act 2003. This process is essential for ensuring that aircraft types continue to meet airworthiness standards as per Annex 8 of the Convention on International Civil Aviation. According to this Annex, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In turn, the State of Registry, which in Australia’s case is CASA, must ensure the continuing airworthiness of individual aircraft.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with assessing ADs issued by the State of Design and, where appropriate, issuing corresponding Australian ADs. This is to mandate the requirements of the State of Design and ensure compliance with international safety standards. For example, the United States, as the State of Design for the Fairchild Metroliner SA 226 and SA 227 series aircraft, issued AD 2007-16-03. CASA assessed this AD and subsequently issued Australian AD/SWSA226/95, which superseded the previous Australian AD/SWSA226/68 Amdt 5. The cancellation of AD/SWSA226/68 Amdt 5 will take effect on 25 October 2007. This action is a direct response to Australia’s obligations under the Convention on International Civil Aviation and the AD issued by the United States.
The issuing and cancellation of ADs are governed by specific regulatory processes and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the Manager, Engines, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. CASA’s role in issuing and cancelling ADs is crucial for maintaining the safety and airworthiness of aircraft operating in Australia. Any failure to comply with these directives can result in serious safety implications and potential legal consequences.
Non-compliance with ADs can lead to serious safety risks and legal repercussions. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance with ADs, and failure to adhere to these directives can result in significant penalties. The Act allows for both civil and criminal penalties for non-compliance, which can include fines and imprisonment. For example, under section 355 of the Act, a person who contravenes an AD can be subject to a fine not exceeding the greater of $22,200 or three times the penalty applicable to an offence against a provision of the Act. Additionally, under section 356, a person who contravenes a requirement imposed by an AD can face imprisonment for up to two years. These penalties underscore the importance of adhering to ADs and maintaining the airworthiness of aircraft.