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 DAC issued AD 93-12-01R2, affecting Embraer EMB-120 type aircraft, in 2002. 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 allow compliance in accordance with later approved revisions of the relevant Embraer Service Bulletin. The amended AD, AD/EMB-120/32 Amendment 1, will become effective on 9 June 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 - Systems, 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations that are necessary for the safety of air navigation, as evidenced in the Civil Aviation Safety Regulations 1998. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate specific safety requirements for aircraft and aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are issued in accordance with Australia’s international obligations under the Convention on International Civil Aviation. CASA, acting as the national airworthiness authority, assesses information from the State of Design and, if necessary, issues equivalent Australian ADs to enforce these safety standards. This process ensures that Australian aviation remains aligned with international safety protocols and effectively manages the risks associated with aircraft operations within Australian airspace.
Scope and Application
The Civil Aviation Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority extends to ensuring compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA, acting as the national airworthiness authority, assumes the responsibility of issuing these ADs to ensure that aircraft registered in Australia meet continuing airworthiness standards. This application is geographically focused on aircraft registered within Australia and applies to entities and persons involved in the operation and maintenance of these aircraft. The ADs serve as legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting their technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998, particularly those concerning the issuance of airworthiness directives (ADs), are primarily found in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations for the Act's purposes, which include ensuring the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, under subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on parties or entities they govern include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. The State of Design must provide necessary information to maintain airworthiness, which is typically communicated through ADs. The State of Registry, which in the case of Australia is CASA, is mandated to assess this information and, if appropriate, issue corresponding ADs to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international airworthiness standards.
In terms of consequences for non-compliance, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaching ADs. However, the issuance of ADs and the failure to comply with them can have significant implications. Non-compliance with ADs can lead to the grounding of aircraft, which can result in substantial operational disruptions and financial penalties for airlines and other entities. Additionally, regulatory authorities may take enforcement actions, including fines, which can be substantial under aviation safety regulations. The exact penalties would be determined based on the specific nature of the non-compliance and the regulatory framework governing civil aviation safety.