CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 CTA issued AD 97-11-03R2 Amdt 39-1068, affecting Embraer 120 aircraft, in 1998. 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 update the service bulletin revision status and allow the use of later approved revisions of the bulletin. The amended AD, AD/EMB 120/25 Amendment 3, will become effective on 14 April 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as a means to maintain and ensure the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue these directives for specified types of aircraft or aeronautical products, thereby aligning with international standards such as those set out in Annex 8 to the Convention on International Civil Aviation. This legislative instrument is designed to address the need for consistent and internationally harmonised airworthiness standards, reflecting Australia's obligations under the Convention. The ADs serve as critical tools in maintaining the safety of air navigation and are issued without the necessity for public consultation, as they are based on international obligations and in response to directives from the State of Design.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative instrument applies to all aircraft registered in Australia and their operators, imposing mandatory safety requirements to ensure the continuing airworthiness of such aircraft. The scope of these regulations extends to various types of aircraft and aeronautical products, and they are aligned with international standards set by the International Civil Aviation Organization (ICAO). The ADs issued under these regulations are applicable nationally and are enforceable by CASA, which is Australia’s designated national airworthiness authority. This legislative process may also extend to subordinate instruments as required, ensuring that all safety directives comply with both domestic and international aviation safety standards. Notably, these regulations do not mandate public consultation for ADs issued in response to international directives, as they are driven by Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act 1988 and the associated regulations, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are typically issued in response to safety concerns identified by the State of Design or in accordance with international standards set by the International Civil Aviation Organization (ICAO). When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry is responsible for ensuring that each aircraft maintains its airworthiness, and CASA plays a critical role in overseeing this process.
The obligations imposed by the Act and regulations on CASA and aircraft operators include ensuring compliance with ADs. CASA must review and, if appropriate, issue ADs to mandate the continuing airworthiness of aircraft registered in Australia. Aircraft operators are required to follow the instructions and maintenance schedules outlined in the ADs. Failure to comply with an AD can result in the aircraft being grounded, which can have significant operational and safety implications.
The Act and regulations do not explicitly state specific offences or penalties for non-compliance with ADs. However, the broader aviation regulatory framework in Australia includes provisions for enforcement actions against non-compliance. Penalties for non-compliance with civil aviation regulations can include fines, imprisonment, or both. The severity of the penalty will depend on the nature and extent of the non-compliance. For instance, wilful non-compliance with airworthiness directives can be prosecuted under the Civil Aviation Act 1988, potentially leading to substantial fines and imprisonment terms. The consequences of non-compliance can also include the suspension or revocation of an aircraft's certificate of airworthiness, which would effectively ground the aircraft until the necessary compliance measures are taken.