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 has issued AD 2009-11-06 affecting M7 Aerospace LP SA226 and SA227 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has cancelled Australian AD/SWSA226/96 Amdt 1. The cancellation will become effective on 27 August 2009. The original unsafe condition is addressed by AD/SWSA226/97.
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 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 comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are crucial for maintaining the continuing airworthiness of aircraft types as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The policy objective is to align Australian aviation safety practices with international standards and to ensure the safety of aircraft registered in Australia by enforcing necessary modifications and maintenance procedures as dictated by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to 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, which are legislative instruments. These directives are essential for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the United States for the M7 Aerospace LP SA226 and SA227 series aircraft, holds primary responsibility for issuing ADs, while the State of Registry, represented by CASA in Australia, must implement these directives for aircraft registered in Australia. CASA’s role includes assessing foreign ADs and issuing corresponding Australian ADs when necessary, such as the cancellation of Australian AD/SWSA226/96 Amdt 1 in response to the United States FAA's AD 2009-11-06. Given that these directives arise from international obligations and are directly linked to foreign ADs, they are exempt from public consultation and do not require a Regulatory Impact Statement. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Act.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 focus on the issuance and implementation of airworthiness directives (ADs) (sections 39.001 and 39.001(5)). Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory framework is designed to ensure that all aircraft maintain their airworthiness, which is paramount for safety in air navigation.
Under these regulations, CASA has the responsibility to issue ADs when necessary, especially in response to ADs issued by the State of Design, which is the country where the aircraft was designed. For instance, in the case of M7 Aerospace LP SA226 and SA227 series aircraft, the United States, as the State of Design, issued an AD. CASA, as Australia's national airworthiness authority, assessed this directive and decided to cancel Australian AD/SWSA226/96 Amdt 1, effective from 27 August 2009. This action ensures that Australian regulations align with international standards and address safety concerns appropriately.
The obligations imposed by these regulations on the parties they govern are substantial. CASA must evaluate ADs from the State of Design and, if necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. Additionally, the State of Registry, which is Australia in this context, is required to implement and enforce these directives to maintain safety standards. This obligation extends to ensuring that all stakeholders, including aircraft manufacturers and operators, comply with the requirements set forth in the ADs.
The Civil Aviation Safety Regulations 1998 also include provisions for penalties and consequences in case of non-compliance with the ADs. Although specific penalties are not detailed in the text provided, it is implied that failure to comply with ADs could result in serious safety risks and potential enforcement actions. Non-compliance could lead to aircraft being grounded or banned from operation, which would have severe implications for both operators and passengers. The seriousness of these consequences underscores the importance of adhering to the ADs issued under the Act.