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 Agência Nacional De Aviaçào Civil has issued AD 2006-10-01R1 affecting Embraer EMB-110 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-110/54, Amendment 1, which will become effective on 25 October 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia, includes provisions for the issuance of airworthiness directives (ADs) under section 98. These ADs are critical in maintaining the safety and airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further delineate the process for issuing such directives, specifying that the Civil Aviation Safety Authority (CASA) can issue ADs based on the types of aircraft or aeronautical products. Under the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, necessitating that information be shared with States of Registry. In line with these international obligations, CASA issues Australian ADs when required, as seen with the recent AD/EMB-110/54, Amendment 1, which was issued in response to a corresponding directive from Brazil’s Agência Nacional De Aviaçào Civil. This AD was developed without public consultation, aligning with the determination by the Office of Best Practice Regulation that such directives do not necessitate a Regulatory Impact Statement.
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. These ADs serve as a mechanism to ensure the continuing airworthiness of aircraft registered in Australia, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that are subject to disallowance and must be assessed and approved by the Office of Best Practice Regulation. When a State of Design, such as Brazil, issues an AD for a particular aircraft type, CASA evaluates the information and, if necessary, issues a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards. Exemptions or exclusions from these directives are not specified in the given text, but it is clear that the issuance of ADs is a critical function of CASA in maintaining aviation safety.
Key Provisions
The key operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act's purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 identifies ADs as legislative instruments. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901. These provisions collectively establish the framework through which CASA can issue directives to ensure the continuing airworthiness of aircraft registered in Australia.
The obligations imposed by these sections and regulations primarily fall on CASA as the national airworthiness authority. Under these provisions, CASA must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the safety requirements of the State of Design. The State of Design, in this case Brazil for the Embraer EMB-110 model aircraft, holds the responsibility of ensuring the continuing airworthiness of the aircraft type and providing necessary information to States of Registry, such as Australia. CASA’s role is to ensure compliance with these requirements by issuing appropriate ADs, thereby upholding the safety standards mandated by international conventions.
Breaching the obligations set forth by these regulations can lead to serious consequences. While specific penalties for non-compliance are not detailed in the text, non-compliance with ADs could potentially result in civil or criminal penalties under broader aviation safety laws. The seriousness of such breaches is underscored by the international convention obligations and the critical nature of ensuring aircraft airworthiness. Failure to comply with ADs may lead to enforcement actions by CASA, which could include fines, suspension of airworthiness certificates, or other regulatory sanctions, depending on the severity and impact of the non-compliance on aviation safety.
In the context of this specific AD, CASA has issued Australian AD/EMB-110/54, Amendment 1, which becomes effective on 25 October 2007. This AD is a direct response to the Brazilian AD 2006-10-01R1 and is issued under Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has been required as this AD is a response to an international directive. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining stringent safety standards. This AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued with the appropriate authority and oversight.