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-110/35 affecting Embraer EMB-110 (Bandeirante) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/EMB-110/35. 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 provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for regulations that ensure the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations, including those related to airworthiness, for the interests of aviation safety. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901. These directives are critical for maintaining the safety standards of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for assessing and implementing airworthiness directives issued by the State of Design when necessary. The policy objective of these regulations is to ensure that all aircraft within Australia meet stringent safety standards, thereby protecting public safety and maintaining the integrity of the national aviation system.
Scope and Application
The Civil Aviation Act 1988, as amended, governs the regulation and safety of civil aviation in Australia, and includes provisions for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in Australia is CASA. CASA is tasked with assessing international ADs and issuing corresponding Australian ADs where necessary, or cancelling them if the unsafe condition no longer exists, as demonstrated in the case of AD/EMB-110/35 for Embraer EMB-110 (Bandeirante) series aeroplanes. The issuance or cancellation of ADs by CASA is done in accordance with the Civil Aviation Act 1988 and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that promote air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments and must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry, which must then develop or adopt requirements to maintain airworthiness.
Obligations under the Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must assess information from the State of Design regarding ADs and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements. This process ensures that Australian aircraft meet international safety standards. For instance, CASA has issued Australian AD/EMB-110/35 for Embraer EMB-110 (Bandeirante) series aeroplanes, reflecting Australia's obligations under the Convention on International Civil Aviation. The AD was subsequently cancelled by CASA due to the resolution of the unsafe condition, and this cancellation became effective on 18 December 2008.
The Act and regulations impose several requirements on the parties involved. The State of Design must ensure the continuing airworthiness of aircraft types and provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain airworthiness and enforce ADs. CASA must assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. Furthermore, CASA must assess the need for any new ADs or the cancellation of existing ones based on the safety conditions of the aircraft types in question.
Breaches of the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties. While the specific penalties for AD non-compliance are not detailed in the provided text, the general legal framework of Australia provides for fines and imprisonment for violations of safety regulations. The maximum penalties can vary significantly based on the severity of the breach and the specific regulations involved. Non-compliance with ADs can potentially lead to severe consequences, including grounding of aircraft, legal action against the aircraft operator, and, in extreme cases, criminal charges for individuals or corporations responsible for the breach.