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/SWSA226/9 affecting Fairchild (Swearingen) SA226 and SA227 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/9. 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 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. Under this Act, the Governor-General is empowered to make regulations, including the Civil Aviation Safety Regulations 1998, which govern various aspects of airworthiness. Section 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft, mandated by international obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues Australian ADs accordingly, ensuring compliance with international standards and maintaining the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are essential for ensuring the continuing airworthiness of aircraft and aeronautical products. Under these laws, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products, which are subsequently mandated as legislative instruments. The State of Design, which is the country where the aircraft type is designed, bears the responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The ADs are made in accordance with Australia’s obligations under the Convention on International Civil Aviation and serve as a common form of continuing airworthiness information across ICAO Contracting States. The application of these regulations extends to all aircraft and aeronautical products registered in Australia, with CASA issuing ADs as necessary to ensure compliance with safety standards. The ADs are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (section 39.001(5)). These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of an individual aircraft. CASA, as Australia's national airworthiness authority, must issue Australian ADs when necessary to ensure compliance with the State of Design's requirements.
The Act and Regulations impose specific obligations on CASA and other entities. CASA is mandated to assess information provided by the State of Design and issue Australian ADs as needed to ensure compliance with airworthiness requirements (section 39.001(5)). Additionally, CASA must cancel an AD when the unsafe condition it addresses no longer exists, as was the case with AD/SWSA226/9, which has been cancelled because the unsafe condition no longer exists (section 84A(2)). The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its territory. These requirements must be based on the ADs issued by the State of Design and any Australian ADs issued by CASA.
Failure to comply with ADs can result in severe consequences. Section 84A(2) of the Civil Aviation Act 1988 outlines the penalties for non-compliance, which can include significant fines and imprisonment. The exact penalties depend on the severity of the violation and the specific provisions of the AD. Civil Aviation Orders (CAOs) may also impose additional administrative penalties for non-compliance with ADs. Furthermore, failure to comply with an AD can lead to the grounding of an aircraft, which can have significant operational and financial implications for operators. In extreme cases, non-compliance can result in the suspension or revocation of an aircraft's certificate of airworthiness, which would render the aircraft inoperable until the necessary compliance actions are taken.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and enforcement of airworthiness directives in Australia. CASA has the authority to issue and cancel ADs based on the continuing airworthiness requirements set by the State of Design and the State of Registry. Non-compliance with these directives can lead to severe penalties, including fines, imprisonment, and the grounding of aircraft, underscoring the importance of adhering to the safety regulations set forth in these legislative instruments.