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 Agência Nacional de Aviação Civil, (ANAC) issued AD 82-07-04R3 affecting all EMB-110 and EMB-121 aircraft equipped with flap linear actuators EEMCO P/N
D-2246-3, D-2246-4, D-2246-31, D-2246-41, D-2246-5 and D-2246-6. ANAC acts on behalf of Brazil as the state of design for this type. CASA has assessed this AD revision and as such has amended CASA AD/EMB-110/8, Amdt 5, to reflect the requirements of the revised State of Design AD. The amended AD, AD/EMB-110/8 Amdt 6, will become effective on 25 July 2011. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for the safety of civil aviation in Australia. This Act, along with the Civil Aviation Safety Regulations 1998, provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that ensure the continuing airworthiness of aircraft registered in Australia. These directives are crucial for maintaining the safety standards set by international agreements such as the Convention on International Civil Aviation. The policy objective is to align Australian aviation safety practices with international standards, ensuring the safety of air navigation and the integrity of the aviation industry. CASA, as Australia’s national airworthiness authority, issues these directives to mandate safety requirements in response to directives from the relevant State of Design, thereby fulfilling Australia's obligations under international aviation conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments that apply to aircraft registered in Australia and are mandated by Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, including CASA, holds responsibility for the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design, such as Brazil’s Agência Nacional de Aviação Civil (ANAC), issues an AD for a type of aircraft registered in Australia, CASA is required to assess and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. In this instance, CASA amended the existing AD for EMB-110 aircraft to align with the revised AD issued by ANAC, which became effective from 25 July 2011. This process does not require public consultation or a Regulatory Impact Statement, as it is directly tied to international obligations and regulatory alignment.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, and section 98 allows the Governor-General to make regulations for the purposes of the Act, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are essential tools for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. Under this international framework, the State of Design (the country where the aircraft is designed) is responsible for ensuring that the aircraft type remains airworthy and must provide necessary information to States of Registry (the countries where the aircraft are registered).
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA as Australia's national airworthiness authority. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. For example, the Agência Nacional de Aviação Civil (ANAC) issued AD 82-07-04R3 concerning EMB-110 and EMB-121 aircraft equipped with certain flap linear actuators. CASA assessed this AD and amended CASA AD/EMB-110/8, Amendment 5, to incorporate the revised requirements, resulting in the issuance of AD/EMB-110/8 Amendment 6, effective from 25 July 2011.
In issuing such ADs, CASA is guided by Australia's international obligations under the Convention on International Civil Aviation and the specific ADs issued by the relevant State of Design. Consequently, there is no requirement for public consultation on these ADs. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch, Standards Development and Future Technology Division, made this AD in accordance with subsection 94(1) of the Act.
In terms of compliance, any breaches of the requirements set out in these ADs can have significant consequences. Although specific penalties are not detailed in the provided text, breaches of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to enforcement actions, fines, or other penalties as prescribed by law. Ensuring adherence to ADs is crucial for maintaining the safety and airworthiness of aircraft operating within Australia.