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 Brazilian CTA issued AD 2001-06-01 Revision 3 , affecting Embraer EMB-120 model aircraft, in 2001. 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 of the AD. The amended AD, AD/EMB-120/29 Amendment 3, will become effective on 7 July 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, enacted by the Commonwealth Parliament, provides a legislative framework for the regulation of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations necessary for the Act's purposes, particularly with regard to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003, and they play a crucial role in ensuring the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for issuing these directives when required, particularly in response to directives issued by the aircraft's State of Design, thereby fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Regulations 1998, as amended, pertain to the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Specifically, the issue of airworthiness directives (ADs) falls under the purview of regulation 39.001, allowing the Civil Aviation Safety Authority (CASA) to issue such directives for particular kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, serve to maintain the continuing airworthiness of aircraft as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. This Act applies to entities and persons involved in the design, manufacture, registration, and operation of aircraft within Australia. Geographic reach is effectively national, as CASA, acting as Australia’s national airworthiness authority, must ensure compliance with these directives to maintain airworthiness standards set forth by the International Civil Aviation Organization (ICAO). While ADs are generally issued in response to international obligations and specific international airworthiness directives, no public consultation is required for their issuance, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, pertain primarily to the issuance of airworthiness directives (ADs) which are a crucial tool for ensuring the continuing safety and airworthiness of aircraft types and aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby establishing them as legislative instruments. This legal framework is designed to ensure that ADs can be issued without the need for parliamentary approval, as long as they comply with the overarching legislative requirements.
Under the obligations imposed by the Act and the Regulations, CASA, as Australia's national airworthiness authority, is mandated to assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce the necessary requirements. This process is crucial for maintaining the safety standards of aircraft registered in Australia. Additionally, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, which includes adopting or developing requirements to comply with international standards as set forth in Annex 8 of the Convention on International Civil Aviation. This obligation places a dual responsibility on both the State of Design and the State of Registry to ensure that all necessary measures are in place to maintain airworthiness.
Failure to comply with the provisions of an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive is an offence, and the penalties for such breaches are severe. The Act provides for both civil and criminal penalties, with the specific penalties depending on the severity of the breach. Civil penalties can include fines, while criminal penalties may include imprisonment, reflecting the serious nature of non-compliance with safety regulations in aviation. It is therefore imperative that all relevant parties, including aircraft operators and maintenance personnel, adhere strictly to the requirements outlined in ADs to avoid these serious legal repercussions.