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 issued AD/SWSA226/8 affecting Fairchild SA226 and SA227 series aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing safety, efficiency, and regulatory oversight. This legislation was introduced to ensure the safety of air navigation and to establish a robust system for the regulation of civil aviation activities within Australia and its territories. The Act was passed by the Australian Parliament and its primary policy objective is to ensure the highest standards of safety and efficiency in civil aviation. The Civil Aviation Safety Regulations 1998 further refine the application of the Act by detailing specific safety requirements and regulatory processes, including the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft.
In line with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are essential for ensuring that aircraft remain airworthy and comply with safety standards. The issuance and cancellation of such directives, such as the recent cancellation of AD/SWSA226/8 affecting Fairchild SA226 and SA227 series aircraft, are managed by CASA under the authority granted by the Act. The cancellation of this particular directive, effective from 17 January 2008, reflects a reduction in regulatory burden and aligns with international standards and practices as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments under the Legislative Instruments Act 2003. These regulations apply to the continuing airworthiness of aircraft, with the State of Design being responsible for providing necessary information to States of Registry. The State of Registry, such as CASA in Australia, must ensure that these directives are adopted or developed to maintain airworthiness. ADs are a common mechanism for continuing airworthiness information and are issued by most ICAO Contracting States. In the specific case of AD/SWSA226/8 affecting Fairchild SA226 and SA227 series aircraft, CASA decided to cancel it effective 17 January 2008, as the original unsafe condition is now addressed by another directive. The cancellation of this AD is intended to reduce regulatory burden and did not require public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, specifically section 98, empower the Governor-General to enact regulations intended for the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. This means that while ADs are made by CASA, they can be disallowed by Parliament and must adhere to legislative processes.
The obligations imposed by the Act and the regulations require CASA to issue ADs when necessary to maintain the airworthiness of aircraft on the Australian Register. The State of Design has a primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, such as Australia. CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that the aircraft continue to meet safety standards and are airworthy for operation.
Breaching the requirements set forth by an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 outline that failure to comply with an AD may result in the aircraft being deemed unairworthy. This could lead to legal actions against the aircraft operator, including fines and penalties. The exact penalties are determined by the severity of the breach and are governed by relevant aviation safety laws. In some cases, non-compliance with ADs can also result in the suspension or revocation of an aircraft’s airworthiness certificate, effectively grounding the aircraft until the required actions are taken to meet regulatory standards.