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 Departamento de Aviação Civil (DAC) has issued AD 98-01-05 affecting ALLISON AE3007A engines fitted Embraer EMB 145 aircraft. Brazil is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/AE3007/5, which will become effective on 28 August 2008.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and 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 to regulate civil aviation in Australia, was supplemented by the Civil Aviation Safety Regulations 1998 to ensure the safety of air navigation. This regulatory framework empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 provides the statutory basis for CASA to act on directives issued by the State of Design and ensure that Australian aircraft meet safety standards, thus upholding Australia's obligations under the Convention on International Civil Aviation. The issuance of such directives is a proactive measure to ensure the safety and compliance of aircraft operating in Australia, reflecting the policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, particularly the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) within Australia. The Act applies to the Australian Civil Aviation Safety Authority (CASA) and the aviation industry, including aircraft manufacturers, operators, and maintenance providers, to ensure the continuing airworthiness of aircraft registered in Australia. The jurisdictional reach of this legislation is national, encompassing all aircraft registered under Australian law, irrespective of where they are designed or manufactured. The ADs serve as legislative instruments that mandate specific safety requirements, and they are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. These directives do not require public consultation or a Regulatory Impact Statement as they are aligned with international standards and practices. CASA, as Australia’s national airworthiness authority, issues these ADs in response to directives from the State of Design or based on its own assessment to maintain safety standards.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations to ensure air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This means that CASA can mandate specific safety measures for aircraft that have been identified as needing particular attention to maintain their airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other parties include the assessment and issuance of ADs when required. For instance, when the State of Design, such as Brazil in the case of the ALLISON AE3007A engines fitted to Embraer EMB 145 aircraft, issues an AD, CASA must review this information and, if necessary, issue a corresponding Australian AD. The State of Registry, in this case, Australia, has the responsibility to ensure the continuing airworthiness of the aircraft registered within its territory, and this includes complying with ADs issued by the State of Design or CASA.
The issuance of ADs is governed by the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry is responsible for the airworthiness of individual aircraft. In Australia, failure to comply with an AD can result in serious consequences, although the exact nature of these consequences will depend on the specifics of the directive and the circumstances of the non-compliance. The AD in question, AD/AE3007/5, which becomes effective on 28 August 2008, mandates certain safety requirements for the specified engines, and non-compliance could potentially lead to enforcement actions by CASA.
There are no public consultation requirements for ADs under the Civil Aviation Safety Regulations 1998, as these directives are issued in response to international obligations and specific safety concerns identified by the State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative requirements specified in the Civil Aviation Act 1988.