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 94-03-01R1 affecting Embraer EMB-120 series aircraft, in 1994. 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 introduce the use of later revisions of the Embraer Service Bulletin. The amended AD, AD/EMB-120/11 Amendment 2, will become effective on 20 January 2010. 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 PracticeRegulation 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, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. One of the mechanisms established under this Act is the issuance of airworthiness directives (ADs), which are regulatory instruments used to mandate specific requirements for maintaining the airworthiness of aircraft. These directives are critical for addressing safety issues that may arise over time, and they are issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. The ADs are formulated in response to international obligations and the recommendations of the State of Design, which holds primary responsibility for the continuing airworthiness of an aircraft type. This legislative approach ensures that Australia adheres to international standards while maintaining stringent safety protocols domestically. The issuing of ADs is a regulatory process managed by CASA, reflecting the balance between international cooperation and domestic safety imperatives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by 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. These directives are intended to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The State of Design, such as Brazil for the Embraer EMB-120 series aircraft, is primarily responsible for issuing ADs for aircraft types it designs, and CASA, as Australia's national airworthiness authority, must assess these directives and, if necessary, issue equivalent Australian ADs to enforce the required safety measures. Notably, this process does not necessitate public consultation or a Regulatory Impact Statement, as the ADs are a direct response to international obligations and directives from the relevant State of Design. The issuance of these ADs is executed by the Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations that serve the Act's objectives and aim to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design, as defined in Annex 8 to the Convention on International Civil Aviation, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must supply any necessary information to the appropriate States of Registry. ADs are the most common form of continuing airworthiness information, and they are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, which is the country where an individual aircraft is registered, is tasked with ensuring the ongoing airworthiness of that aircraft. According to Annex 8, the State of Registry must develop or adopt requirements to guarantee 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 evaluate that information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Under this legislation, CASA must adhere to certain obligations and requirements. For instance, when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information provided and issue an Australian AD if necessary. This ensures that the aircraft type complies with the safety standards set by the State of Design. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, as they are issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design. As a result, no consultation of the Australian public has taken place on this AD. The AD is made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the legislation regarding the breach of ADs. However, the issuance of ADs is a crucial aspect of maintaining the safety and airworthiness of aircraft in Australia. Non-compliance with an AD may result in the aircraft being deemed unairworthy, leading to potential grounding and legal repercussions for the aircraft operator. It is essential for aircraft operators and maintenance personnel to adhere to the requirements set forth in ADs to ensure the safety of air navigation and the well-being of passengers and crew.