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 FAA issued AD 2005-06-13 affecting M7 Aerospace SA226 and SA227 model aircraft. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update maintenance manual references. The amended AD, AD/SWSA226/86 Amendment 3, will become effective on 9 April 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting 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 establish and maintain a safe civil aviation system in Australia, addressing the need for comprehensive regulation of aviation safety. Under this Act, the Governor-General is empowered to make regulations for the safety of air navigation, with specific provisions allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. The ADs are legislative instruments that are subject to disallowance and are issued to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework ensures that the State of Registry, such as CASA, maintains the continuing airworthiness of aircraft in accordance with ICAO obligations and in response to directives from the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments and are issued in the interests of safety in air navigation, in accordance with the Civil Aviation Act 1988. Such ADs are essential for maintaining the continuing airworthiness of aircraft and are mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. In the case of aircraft designed by states other than Australia, CASA is required to assess and, if necessary, issue corresponding Australian ADs to enforce the safety standards set by the State of Design. The issuance of these directives is not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and requirements. This AD, AD/SWSA226/86 Amendment 3, is a direct response to an AD issued by the United States Federal Aviation Administration for M7 Aerospace SA226 and SA227 model aircraft, updating the maintenance manual references in alignment with the original directive.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of the same regulations clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument as defined in the Legislative Instruments Act 2003.
The obligations under this legislation primarily rest on CASA, the national airworthiness authority in Australia. CASA must assess any AD issued by the State of Design (the country where the aircraft type was designed) to ensure compliance with Australian standards and requirements. This involves reviewing and potentially adapting foreign ADs to suit Australian regulatory frameworks. CASA must also issue corresponding Australian ADs if necessary, to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry, which is the country where the individual aircraft is registered, shares the responsibility for the aircraft's airworthiness and must implement CASA's ADs.
Failure to comply with ADs can result in serious consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives generally leads to civil or criminal penalties under aviation law. These may include fines, suspension or revocation of aircraft operating certificates, and other regulatory actions that could affect both individual operators and the broader aviation industry.
The issuing process of ADs, as outlined in the text, follows a structured approach dictated by international obligations under the Convention on International Civil Aviation. CASA issues ADs in response to directives from the relevant State of Design, ensuring that Australia meets its international commitments to aviation safety. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by authorised personnel within CASA, such as the Acting Manager, Airframe and Structures in the Airworthiness Engineering Group, in accordance with the Civil Aviation Act.