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 ANAC issued AD 2001-06-01 R4, affecting Embraer EMB-120 aircraft. Brazil is the State of Design for this type. CASA has amended the equivalent Australian AD to incorporate a revision in the original AD. The amended AD, AD/EMB-120/29 Amendment 4, will become effective on 27 September 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, New Technologies and Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, and one such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, with CASA acting as Australia's national airworthiness authority. In line with international obligations under the Convention on International Civil Aviation, when a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments made in the interests of air navigation safety. These directives apply to specific types of aircraft or aeronautical products, mandated by the State of Design and enforced by the State of Registry. In the case of Australian-registered aircraft, the Civil Aviation Safety Authority (CASA) assumes the role of the national airworthiness authority, responsible for assessing and, if necessary, issuing ADs that align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs serve as a critical component for ensuring the continuing airworthiness of aircraft, with CASA issuing ADs in response to directives from the State of Design, such as the recent amendment to the AD affecting Embraer EMB-120 aircraft, issued by the Brazilian National Civil Aviation Agency (ANAC). These regulations do not require public consultation or a Regulatory Impact Statement, as they are developed to meet international obligations and are considered internal administrative actions. The ADs are implemented by CASA under the authority granted by the Act, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to create regulations in the interest of air navigation safety. 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. According to subregulation 39.001(5), an AD is a disallowable instrument, and as such, it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls to both the State of Design and the State of Registry. The State of Design, which is the country where the aircraft type is designed, must provide necessary information to ensure the airworthiness of the aircraft type. Meanwhile, the State of Registry, which registers the individual aircraft, must adopt or develop requirements to maintain the airworthiness of the aircraft in its registry. In Australia, CASA acts as the national airworthiness authority and is required to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process is exemplified by CASA's amendment to the Australian AD for Embraer EMB-120 aircraft, following a directive issued by the Brazilian National Civil Aviation Agency (ANAC).
The obligations imposed by these regulations are stringent and geared towards ensuring safety. CASA must rigorously evaluate any AD issued by the State of Design and, if appropriate, adapt and issue an Australian AD. This ensures that all aircraft registered in Australia comply with international safety standards. Furthermore, given the international nature of these directives, no public consultation is required, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The Manager of New Technologies and Systems in CASA's Airworthiness Engineering Branch has the authority to issue these directives under subsection 84A(2) of the Act.
Failure to comply with an airworthiness directive can lead to significant consequences. Non-compliance can result in severe civil or criminal penalties. Although the specific penalties are not detailed in the provided text, under Australian law, violations of aviation safety regulations can result in substantial fines and imprisonment. The exact penalties depend on the severity of the breach and can vary significantly based on the specific circumstances of the case.