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-110/12 affecting Embraer EMB-110 (Bandeirante) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/EMB-110/12. 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, Airframe and Structures, 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 regulate civil aviation safety and other related matters, ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which address various aspects of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry, in this case CASA, must ensure the aircraft's ongoing airworthiness within Australia. Consequently, when a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD. The AD/EMB-110/12 concerning Embraer EMB-110 (Bandeirante) series aeroplanes was cancelled by CASA, effective 18 December 2008, as the unsafe condition it addressed no longer existed. No public consultation was required due to the AD's cancellation aligning with Australia's obligations under the Convention on International Civil Aviation, and no Regulatory Impact Statement was deemed necessary. The AD cancellation was made by the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group, in line with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that the safety of air navigation is upheld. These regulations apply to aircraft registered in Australia and are intended to mandate requirements for the continuing airworthiness of aircraft types. The authority to issue ADs is vested in the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. The ADs are legislative instruments, subject to disallowance, and must comply with the Legislative Instruments Act 2003. The application of these directives is influenced by international standards and obligations under the Convention on International Civil Aviation, specifically Annex 8, which allocates responsibilities to the State of Design and State of Registry concerning the continuing airworthiness of aircraft. The ADs are applicable to all relevant aircraft types within the Australian jurisdiction, and while they are issued by CASA, their content often reflects international standards and directives from the State of Design. Exemptions or thresholds for specific ADs are determined on a case-by-case basis, often influenced by the resolution of specific safety concerns or changes in the aircraft type's operational environment.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. This regulatory authority is derived from international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft.
Entities governed by these provisions must adhere to specific obligations. CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to ensure compliance with international safety standards. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes implementing any ADs issued by CASA.
Failure to comply with the requirements of an AD can result in significant consequences. While specific offences and penalties are not detailed in the provided text, breaches of airworthiness regulations can typically lead to severe penalties. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines, and criminal penalties, including imprisonment. The severity of these penalties reflects the critical importance of adhering to airworthiness directives in maintaining the safety of air navigation.