AD/EMB-120/33 Amdt 1 - Aileron and Elevator Rotary Variable Inductive Transducer Bellcrank Assemblies

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legislative framework for civil aviation safety in Australia. The Act is designed to ensure the safety of air navigation, and under section 98, the Governor-General has the authority to make regulations in line with this objective. To facilitate the implementation of safety measures, 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. These directives are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 thus plays a crucial role in maintaining air safety by enabling CASA to mandate requirements based on international standards and domestic assessments.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. Such directives apply to aircraft types that are part of the Australian Register and are issued in response to continuing airworthiness information provided by the State of Design, which, in this case, is Brazil for the Embraer EMB-120 model aircraft. The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation and are assessed by CASA, the national airworthiness authority. This regulatory process does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are formulated and issued by designated personnel within CASA, ensuring adherence to the legislative framework established by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901.

Key Provisions

The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA (Civil Aviation Safety Authority) to issue ADs for types of aircraft or aeronautical products. This regulation is further detailed in subregulation 39.001(5), which clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are classified as legislative instruments under the Legislative Instruments Act 2003. The obligations imposed by this legislation on parties and entities are primarily concerned with maintaining and ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This ensures that the safety and airworthiness standards are uniformly maintained across all aircraft registered in Australia. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. Failure to comply with the ADs can lead to significant consequences. While the text does not explicitly list offences or penalties, the legal framework implies that non-compliance with ADs could result in civil or criminal penalties, potentially including fines or imprisonment, depending on the severity of the breach. The text notes that the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, but this does not exempt non-compliance from potential legal repercussions. The issuance of the AD by CASA is done in accordance with subsection 84A(2) of the Act, ensuring that the process is legally sound and follows the prescribed regulatory steps. Additionally, the AD in question was issued without public consultation, reflecting Australia’s obligations under the Convention on International Civil Aviation. This AD, which pertains to Embraer EMB-120 model aircraft, was issued by CASA in response to an AD raised by Brazil, the State of Design. This specific AD cancels and replaces a previous issue, indicating an ongoing commitment to updating and maintaining airworthiness standards. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, issued this AD on behalf of CASA, ensuring that the directive is implemented effectively and efficiently.