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-110/19 affecting Embraer EMB-110 (Bandeirante) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/EMB-110/19. 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 comprehensive legal framework for civil aviation in Australia, addressing the need for safety and efficiency in the burgeoning aviation industry. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, as exemplified by the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibility of the State of Design and State of Registry in maintaining the airworthiness of aircraft. In the specific case of Embraer EMB-110 (Bandeirante) series aeroplanes, CASA, as Australia's national airworthiness authority, has cancelled Australian AD/EMB-110/19 due to the resolution of the previously identified unsafe condition, reflecting adherence to international obligations and domestic safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 apply to various entities and persons involved in civil aviation, specifically addressing airworthiness directives (ADs). Under this legislation, the Civil Aviation Safety Authority (CASA) can issue ADs to ensure the safety of aircraft and aeronautical products. These regulations apply to the State of Design and the State of Registry of an aircraft, meaning that manufacturers and countries where aircraft are registered must adhere to the continuing airworthiness requirements set forth by these directives. Geographically, the scope extends across the Commonwealth of Australia, with CASA acting as the national airworthiness authority. ADs are considered legislative instruments, and their issuance or cancellation does not require public consultation or a Regulatory Impact Statement. This regulatory framework ensures that Australian civil aviation complies with international standards as stipulated by the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, provide the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, which include ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments as defined under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority and obligation to issue ADs when necessary to maintain the airworthiness of aircraft. This includes assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with the requirements for the continuing airworthiness of aircraft. For instance, if the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must review and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. This process ensures that aircraft meet the necessary safety standards.
The obligations imposed by these regulations extend to all parties involved in the registration and operation of aircraft in Australia. For example, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, providing any necessary information to the States of Registry. The State of Registry, such as Australia, must then develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. This includes ensuring that any ADs issued by the State of Design are properly assessed and implemented in Australia.
Failure to comply with the ADs or other regulations can result in significant consequences. The Civil Aviation Safety Regulations 1998 may impose various civil and criminal penalties for breaches. While specific penalties are not detailed in the provided text, regulatory breaches in aviation can typically lead to fines, imprisonment, or both, depending on the severity and nature of the offence. The regulatory framework is designed to enforce strict adherence to safety standards to protect the public and ensure the safe operation of aircraft.