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/SWSA226/85 Amdt 1. The cancellation of AD/SWSA226/85 Amdt 1 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and to safeguard the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislation is critical in maintaining the continuing airworthiness of aircraft as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the overall responsibility for the airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is tasked with ensuring the compliance of individual aircraft registered in Australia with these standards by issuing necessary directives when required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulation is essential for maintaining the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set forth in Annex 8 of the Convention on International Civil Aviation. ADs are issued to address safety concerns and ensure compliance with airworthiness requirements, reflecting the responsibility of the State of Design and the State of Registry for the aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, evaluates ADs from other countries, such as the United States, and issues corresponding Australian ADs when necessary. These directives are legislative instruments subject to disallowance and are not required to undergo public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The issuance of an AD, such as the cancellation of AD/SWSA226/85 Amdt 1 in favour of AD/SWSA226/95, is a direct response to international airworthiness directives and is executed by CASA on behalf of the Minister for Infrastructure and Transport.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). These ADs, as legislative instruments, are issued to ensure the continuing airworthiness of aircraft types, and are mandated under Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for aircraft registered in Australia, CASA must assess this information and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards (regulation 39.001(5)).
The State of Registry for an individual aircraft, in this case CASA, is responsible for the ongoing airworthiness of the aircraft registered in Australia. This obligation includes developing or adopting requirements to ensure the safety and airworthiness of these aircraft. Therefore, when 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 the directive and issued Australian AD/SWSA226/95 to align with these international standards. This action ensures that Australian registered aircraft meet the necessary safety requirements as determined by the relevant State of Design.
Given the international obligations under the Convention on International Civil Aviation, the issuance and cancellation of ADs do not require consultation with the Australian public (section 84A(2)). Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD/SWSA226/85 Amdt 1 was cancelled on 25 October 2007, as it was superseded by the new Australian AD issued in response to the United States’ AD 2007-16-03.
Breaching the requirements set out in these ADs can have serious legal consequences. CASA, as the national airworthiness authority, can take enforcement actions against aircraft operators or owners who fail to comply with the ADs. Such breaches may result in penalties, including fines and potential grounding of the aircraft, to ensure compliance with safety standards. In severe cases, non-compliance may lead to criminal charges and imprisonment, reflecting the critical importance of adhering to airworthiness directives to maintain the safety of air navigation.