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 CTA issued AD2004-04-01 R1 affecting Embraer EMB-110 aircraft, in 2004. 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 clarify the requirements and to correct an error in AD/EMB-110/53 Amendment 1. The amended AD, AD/EMB-110/53 Amendment 2, will become effective on 21 December 2006. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation within Australia, focusing on safety and air navigation. This legislative framework empowers the Governor-General to create regulations under section 98, ensuring that the safety of air navigation is prioritised. Complementing the Act, the Civil Aviation Safety Regulations 1998, authorised under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to ensure that Australia adheres to international standards set by the International Civil Aviation Organization (ICAO) and to maintain the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to international obligations and directives from the relevant State of Design, ensuring that Australia's aviation safety standards remain consistent with global practices.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2006 pertains to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with the overarching objective of ensuring the safety of air navigation. This legislation applies to entities such as aircraft manufacturers, operators, and maintenance providers who are involved in the design, registration, and maintenance of aircraft types registered in Australia. It mandates compliance with ADs issued by the Civil Aviation Safety Authority (CASA) or those issued by the State of Design and adopted by CASA for aircraft types registered in Australia. The determination applies nationally across Australia, adhering to international standards set forth by the Convention on International Civil Aviation. It is important to note that this legislation does not apply to foreign aircraft that are merely passing through Australian airspace without registration. The issuance of ADs is governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, and the ADs themselves are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The determination may be extended or modified through subordinate instruments as necessary to address evolving safety concerns and technological advancements in the aviation industry.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulation, which is underpinned by section 98 of the Civil Aviation Act 1988, is integral in ensuring the safety of air navigation and continuing airworthiness of aircraft. The authority to issue such directives is a legislative instrument, as defined under section 46A of the Acts Interpretation Act 1901 and further clarified by the Legislative Instruments Act 2003. The ADs are designed to align with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must furnish necessary information to ensure this for all States of Registry.
The obligations imposed by the ADs are primarily on CASA, as Australia’s national airworthiness authority, to assess and, if necessary, issue corresponding Australian ADs that reflect the requirements of the State of Design. This is especially pertinent when a State of Design, such as Brazil for Embraer EMB-110 aircraft, issues an AD. CASA must ensure that the Australian AD accurately translates the requirements of the foreign AD and complies with the international obligations set forth by the Convention on International Civil Aviation. This ensures that all aircraft on the Australian Register meet the required safety standards.
The regulatory framework also delineates consequences for non-compliance with ADs. While the specific offences and penalties are not detailed in the text, it is understood that breaches of airworthiness directives can lead to serious civil and criminal consequences. The nature of these consequences would typically include fines, penalties, and potential grounding of non-compliant aircraft, which can have significant implications for both individual operators and the broader aviation industry. The severity of penalties would likely correlate with the extent of the non-compliance and its impact on aviation safety.
In summary, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 establish a robust mechanism for ensuring the safety and airworthiness of aircraft through the issuance of ADs. CASA plays a crucial role in this process, ensuring that Australian aviation standards are met and international obligations are fulfilled. Non-compliance with these directives can result in significant civil and criminal repercussions, highlighting the importance of adherence to the regulations.