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 Civil Aviation Safety Authority or its predecessors issued AD/EMB-110/10 affecting Embraer EMB-110 (Bandeirante) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/EMB-110/10. The cancellation will become effective on 18 December 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 legal framework for the regulation of civil aviation in Australia, with a strong focus on safety. This Act empowers the Governor-General to make regulations that are crucial for ensuring the safety of air navigation, which is essential for maintaining public trust and safety in the aviation industry. In line with this objective, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as a means to address and rectify any unsafe conditions identified in aircraft types registered in Australia, thereby ensuring compliance with international standards set by the Convention on International Civil Aviation. CASA's role as the national airworthiness authority mandates that it assesses information from the State of Design and, if necessary, issues Australian ADs to enforce the requirements for maintaining the airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. This Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and the Civil Aviation Safety Authority (CASA). The ADs, which are legislative instruments, aim to ensure the safety of air navigation by addressing issues related to the continuing airworthiness of aircraft. These regulations apply nationally and are influenced by international standards set by the International Civil Aviation Organization (ICAO). The State of Design, typically the country where the aircraft is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry, which in Australia is CASA. CASA must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. The cancellation of an AD, such as AD/EMB-110/10 affecting Embraer EMB-110 series aeroplanes, is conducted in accordance with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring that the legislative intent of maintaining aviation safety is upheld.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) establish a regulatory framework for the issuance of airworthiness directives (ADs) as per section 98 of the Act (s 98) and regulation 39.001 of the CASR (reg 39.001). An AD is a legislative instrument under subregulation 39.001(5) of the CASR and can be issued by the Civil Aviation Safety Authority (CASA) for particular types of aircraft or aeronautical products. ADs serve as the primary means of ensuring the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the ongoing airworthiness of an aircraft type, and must supply any necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing an Australian AD.
The obligations imposed by the Civil Aviation Act and the CASR on parties and entities are multifaceted. The State of Design must provide information to ensure the continuing airworthiness of an aircraft type. The State of Registry is obligated to develop or adopt requirements to maintain the airworthiness of aircraft within its registry. CASA, as the national airworthiness authority, must assess information from the State of Design and issue Australian ADs if appropriate. These obligations ensure that aircraft operating in Australia meet safety standards set forth by international conventions and regulations.
Breaches of the provisions in the Civil Aviation Act and the CASR can lead to various legal consequences. Offences under the Act may incur criminal penalties, while breaches of regulations may result in civil penalties. The specific penalties for non-compliance are not detailed in the provided text, but they can include fines and other sanctions. Additionally, the cancellation of an AD, such as AD/EMB-110/10 for the Embraer EMB-110 series aeroplanes, is made in accordance with the legislative framework, and failure to comply with such directives can result in enforcement actions by CASA.