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/SWSA226/93, affecting Fairchild (Swearingen) SA 226 and SA 227 series aircraft. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 12 February 2009. No replacement AD is required, as the original unsafe condition has been addressed by the manufacturer adopting the requirements in aircraft maintenance publications.
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, 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 provide a legislative framework for civil aviation in Australia, ensuring the safety, efficiency, and regularity of air navigation and air services. This legislation was introduced to address the need for comprehensive regulation in the rapidly evolving field of civil aviation, to align with international standards, and to protect the public from the inherent risks of air travel. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and these regulations can be issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The policy objective of the Act is to safeguard the public by ensuring the highest standards of airworthiness and safety in civil aviation. The Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining the continuing airworthiness of aircraft and aeronautical products, with airworthiness directives playing a crucial role in this regulatory framework.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework under which airworthiness directives (ADs) are issued and enforced in Australia. The Act grants the Governor-General the authority to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the processes by which these regulations are enacted. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and mandate the continuing airworthiness of aircraft registered in Australia. CASA's role is pivotal, as it must assess information from the State of Design and, if necessary, issue corresponding ADs to enforce safety standards. The scope of ADs extends to all aircraft and aeronautical products within Australia's jurisdiction, ensuring that the regulatory measures are comprehensive and uniformly applied across the country. The cancellation of an AD, such as AD/SWSA226/93 for the Fairchild (Swearingen) SA 226 and SA 227 series aircraft, is a formal process that occurs when the safety concerns addressed by the AD are resolved, thereby reducing regulatory burdens without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance and management of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA to carefully assess any airworthiness directives issued by the State of Design, particularly when these involve aircraft registered in Australia. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate the information provided and determine whether to issue a corresponding Australian AD. This ensures that the safety standards and maintenance requirements are consistent with international standards, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then ensure that the necessary measures are taken to maintain the continuing airworthiness of the affected aircraft.
Failure to comply with the requirements outlined in an AD can lead to significant consequences. While the specific offences and penalties are not detailed within the text provided, the general legal framework under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 implies that non-compliance could result in both civil and criminal liabilities. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. These potential consequences underscore the importance of adhering to the ADs issued by CASA.
In the specific case of AD/SWSA226/93, which affected Fairchild (Swearingen) SA 226 and SA 227 series aircraft, CASA has decided to cancel the directive. This decision is based on the manufacturer's adoption of the necessary safety requirements in its maintenance publications, which have effectively addressed the original safety concerns. The cancellation of this AD will become effective on 12 February 2009, and no replacement AD is required. It is noteworthy that no public consultation was undertaken for this cancellation as it is seen to reduce the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued 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.