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 2007-16-03 affecting M7 Aerospace LP SA226 and SA227 aircraft. The United States is the State of Design for this aircraft model. CASA has issued Australian AD/SWSA226/95 which will become effective on 25 October 2007.
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 Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the regulatory framework for civil aviation operations, safety, and security. Under section 98, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001. These ADs serve as legislative instruments, which must be assessed and potentially adopted by CASA to maintain the continuing airworthiness of aircraft registered in Australia. The authority to issue these directives arises from Australia's commitments under the Convention on International Civil Aviation, ensuring alignment with international standards and practices.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, which serve as legislative instruments, are formulated to ensure the safety of air navigation, in line with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, such as Australia, to ensure the safe operation of the aircraft within their jurisdictions. As the national airworthiness authority in Australia, CASA is tasked with assessing information from the State of Design and, where necessary, issuing Australian ADs to mandate compliance with the required safety standards. The issuance of such ADs is done under specific regulatory frameworks without public consultation, as determined by the Office of Best Practice Regulation, which has also concluded that these directives do not require a Regulatory Impact Statement. The ADs are issued under the authority of the Act and are managed by the Manager, Systems within CASA's Airworthiness Engineering Branch.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations are quite clear. The State of Design, which in this case is the United States for M7 Aerospace LP SA226 and SA227 aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type and to provide necessary information to the States of Registry, such as Australia. For Australia, as the State of Registry, this means that CASA must assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the originating State of Design. This ensures that Australian aircraft comply with international standards for airworthiness.
Failure to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD is an offence, which may result in civil or criminal penalties. The specific penalties can vary but may include fines and potential imprisonment for more severe violations. The exact penalties are determined by the courts and are aligned with the severity of the breach and the potential risk posed to aviation safety.
Furthermore, the process of issuing an AD, as seen with AD 2007-16-03 issued by the FAA and the subsequent Australian AD/SWSA226/95, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This AD was issued by the Manager, Systems in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. This highlights the streamlined process for ensuring that safety directives are implemented swiftly and efficiently, without the need for extensive bureaucratic delays.