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 issued Australian AD/SWSA226/97, which will become effective on 30 July 2009. This AD supersedes and replaces AD/SWSA226/96, Amendment 1, which will be cancelled.
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, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support the Act's objectives, and under this authority, the Civil Aviation Safety Regulations 1998 were formulated. One of the key mechanisms within these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which act as legislative instruments under the Acts Interpretation Act 1901. These ADs are critical in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation and its Annexes. In response to an AD issued by the United States Federal Aviation Administration concerning M7 Aerospace LP SA226 and SA227 series aircraft, CASA has issued AD/SWSA226/97, effective from 30 July 2009, which supersedes a previous AD. This action underscores CASA’s role in ensuring compliance with international standards and the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the regulatory framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 empowers CASA to issue such directives for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are aimed at ensuring the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA are mandatory and apply to all aircraft of the specified type registered in Australia, thereby extending their reach to the entities and individuals responsible for the operation and maintenance of these aircraft. This includes airlines, aircraft owners, and maintenance providers within the Australian jurisdiction. While the ADs are primarily issued in response to directives from the State of Design, no public consultation is required as these are international obligations, and it has been determined that they do not necessitate a Regulatory Impact Statement. The ADs are developed by CASA, reflecting the authority's role as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further specifies that these directives are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. ADs are essential tools for maintaining the airworthiness of aircraft types and are commonly issued by International Civil Aviation Organization (ICAO) Contracting States, including Australia.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This obligation is reinforced by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures that Australian-registered aircraft meet international safety standards.
In the case of the United States Federal Aviation Administration (FAA) issuing AD 2009-11-06 for M7 Aerospace LP SA226 and SA227 series aircraft, the United States acts as the State of Design. CASA has assessed this AD and subsequently issued Australian AD/SWSA226/97, which will take effect on 30 July 2009. This new directive supersedes and cancels the previous AD/SWSA226/96, Amendment 1. As this AD is mandated by Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
For breaches of ADs, the Civil Aviation Act 1988 and associated regulations may impose civil or criminal penalties. These penalties can include fines, imprisonment, or both, depending on the severity of the violation. For instance, under section 98 of the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines up to a specified maximum amount. Furthermore, serious breaches that endanger safety may result in criminal penalties, including imprisonment for up to five years. CASA enforces these regulations to ensure compliance and maintain the high safety standards required in the aviation industry.