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/SWSA226/7 affecting Fairchild (Swearingen) SA226T model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/7. 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, establishes the legislative framework governing civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to issue regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms through which CASA can issue ADs, which are critical for maintaining the continuing airworthiness of aircraft. In line with international standards, ADs are issued by states to address unsafe conditions identified in aircraft types or aeronautical products. The cancellation of AD/SWSA226/7 affecting Fairchild (Swearingen) SA226T model aeroplanes exemplifies CASA’s role in adhering to international obligations under the Convention on International Civil Aviation, ensuring that Australian regulations align with global safety standards. This process reflects CASA’s commitment to the overarching policy objective of maintaining the highest standards of aviation safety in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, aiming to maintain the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses and, if necessary, issues Australian ADs to enforce the requirements set by the State of Design. This legislative framework underscores the importance of international cooperation in maintaining aviation safety standards, and while the ADs do not require public consultation or a Regulatory Impact Statement, they are meticulously crafted by CASA’s Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools for ensuring the ongoing airworthiness of aircraft and are issued by CASA in accordance with section 98 of the Civil Aviation Act 1988, which permits the Governor-General to make regulations for air navigation safety. Importantly, subregulation 39.001(5) stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are subject to certain parliamentary scrutiny. Further, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia's national airworthiness authority, must meticulously assess any ADs issued by the State of Design. This includes ensuring that the requirements of such ADs are effectively communicated and implemented in Australia. The State of Registry, which is responsible for the individual aircraft’s airworthiness, must also develop or adopt the necessary requirements to comply with these ADs. This collaborative approach ensures that all parties involved in aircraft operations adhere to the highest safety standards as outlined by international conventions such as Annex 8 to the Convention on International Civil Aviation.
Failure to comply with an airworthiness directive can result in serious legal and safety consequences. Although the Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for non-compliance with ADs, breaches of the Civil Aviation Act 1988 can lead to severe repercussions. Non-compliance could result in enforcement actions, including fines, prosecutions, or other regulatory measures intended to ensure adherence to safety standards. The gravity of penalties often depends on the nature and extent of the breach, with potential outcomes including substantial financial penalties and imprisonment.
In the specific case of the AD/SWSA226/7 for the Fairchild (Swearingen) SA226T model aeroplanes, CASA assessed the directive and determined that it could be cancelled because the unsafe condition it was addressing no longer existed. This cancellation, effective from 4 June 2009, reflects CASA's commitment to maintaining the highest safety standards. Given that this cancellation was due to international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required, as determined by the Office of Best Practice Regulation. This action was 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.