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-110/26 Amendment 1 affecting Embraer EMB-110 (Bandeirante) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/EMB-110/26 Amendment 1. 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, 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 ensure the safety of air navigation and provide a framework for the regulation of civil aviation in Australia. The Act allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue Australian ADs to mandate the requirements. This process ensures compliance with international standards and maintains safety in Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. This regulatory framework is designed to safeguard the safety of air navigation, in line with Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, is responsible for the ongoing airworthiness of individual aircraft, a duty that is fulfilled through the implementation of ADs issued by CASA. These directives are issued in response to safety concerns identified by the State of Design, and CASA is obligated to assess and, if necessary, mandate these directives to ensure compliance with international standards. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of these regulations is national, applying to all aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. These directives serve to maintain the safety standards of aircraft types, and they are issued by the Civil Aviation Safety Authority (CASA). Regulation 39.001(5) specifies that ADs are disallowable instruments, meaning they are subject to parliamentary scrutiny. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure compliance with safety standards, and the State of Registry must adopt or develop requirements to ensure the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements.
The obligations under these regulations require CASA to evaluate the information provided by the State of Design and decide whether to issue an Australian AD. The State of Registry, including CASA in the case of Australia, must ensure that aircraft meet continuing airworthiness requirements. This involves thorough assessments to determine whether the unsafe conditions identified by the State of Design necessitate issuing an AD. Once an AD is issued, it becomes legally binding, and the affected parties must comply with the specified requirements to maintain the airworthiness of the aircraft. The obligations also include notifying relevant parties about the AD and ensuring that the information provided is accurate and sufficient for compliance.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. Civil penalties may include fines and other sanctions imposed by CASA, while criminal penalties can involve imprisonment and higher fines, depending on the severity of the violation. The specific penalties are outlined in the regulations and can vary based on the nature and extent of the breach. It is crucial for operators and other affected parties to adhere strictly to the ADs to avoid these serious repercussions.
In the case of the Embraer EMB-110 (Bandeirante) series aeroplanes, CASA issued and subsequently cancelled Australian AD/EMB-110/26 Amendment 1. This action was taken because the unsafe condition identified in the original AD no longer existed, as assessed by CASA. The cancellation of the AD became effective on 18 December 2008, and no replacement AD was required. This decision was made in line with Australia’s obligations under the Convention on International Civil Aviation and without public consultation, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.