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 Brazilian ANAC issued AD 80-12-04R2, affecting Embraer EMB-110 aircraft. Brazil is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to align with the latest revision of Embraer Service Bulletin 110-055-0017. The amended AD, AD/EMB-110/13 Amendment 7, will become effective on 5 August 2011. This AD cancels and replaces the previous issue.
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 A/Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a unified set of laws governing the safety and efficiency of air navigation. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 were subsequently established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure ongoing compliance with safety standards. The objective of these regulations is to align Australian practices with international standards set by the International Civil Aviation Organization (ICAO), thereby maintaining a high level of safety and interoperability in global aviation. The ADs serve as legislative instruments, which are subject to disallowance by Parliament, reflecting the balance between regulatory autonomy and legislative oversight.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments under the Legislative Instruments Act 2003, and in accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, is required to ensure that aircraft meet the necessary airworthiness standards and must adopt or develop requirements to this effect. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. For example, following the issuance of an AD by the Brazilian National Civil Aviation Agency (ANAC) for Embraer EMB-110 aircraft, CASA amended the Australian AD to align with the latest revision of Embraer's Service Bulletin. This AD, AD/EMB-110/13 Amendment 7, replaces the previous version and will be effective from 5 August 2011. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and is a response to an AD raised by the relevant State of Design, there was no consultation with the Australian public, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CIVIL AVIATION SAFETY REGULATIONS 1998) under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make such regulations for the safety of air navigation, and subregulation 39.001(5) specifies that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, which includes providing necessary information to the appropriate States of Registry. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that all aircraft within Australia’s jurisdiction comply with the necessary safety standards and regulations.
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 impose stringent requirements on the parties involved. CASA must evaluate any ADs issued by the State of Design and determine their applicability within Australia. If necessary, CASA must issue a corresponding AD to enforce the same requirements on aircraft registered in Australia. This process ensures that all aircraft maintain their airworthiness standards in accordance with international and domestic regulations.
Breaches of the requirements set out in the Civil Aviation Safety Regulations 1998 can lead to various consequences. While specific offences and penalties are not detailed in the text, the Act and Regulations generally provide for both civil and criminal penalties for non-compliance. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach. Additionally, failure to comply with ADs can result in the grounding of affected aircraft, thereby preventing potential safety risks and ensuring that all aircraft remain airworthy.