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 DAC issued AD 2004-01-006, affecting Embraer EMB-120 aircraft, in 2004. Brazil is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to include later revisions of Embraer EMB-120 service bulletins as alternate methods of compliance. The amended AD, AD/EMB-120/36 Amendment 1, will become effective on 24 November 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 A/Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legal framework for civil aviation safety in Australia. This Act allows the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. This legislative framework responds to the need for a standardised and internationally recognised approach to ensure that aircraft are maintained in a safe condition, in alignment with the Convention on International Civil Aviation. CASA's role includes assessing and issuing ADs in response to directives from the aircraft's State of Design or based on international obligations, ensuring that Australian aircraft meet the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, 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 ensure the safety of air navigation, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case Brazil, has overall responsibility for the continuing airworthiness of Embraer EMB-120 aircraft, and CASA, as Australia's national airworthiness authority, must align Australian regulations with those ADs. The ADs are effective for aircraft registered within Australia and are issued in response to international obligations and directives from the State of Design. Exemptions or exclusions from these directives are not specified in the text, but it is clear that CASA has amended an existing Australian AD to incorporate later revisions of Embraer EMB-120 service bulletins as alternate compliance methods, reflecting Australia's commitment to international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Act (1), the Governor-General has the authority to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (2) specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) (3) states that an AD is a disallowable instrument under the Acts Interpretation Act 1901, classifying it as a legislative instrument as per the Legislative Instruments Act 2003 (4).
The obligations imposed by the ADs are primarily on CASA as Australia’s national airworthiness authority. When a State of Design, such as Brazil for the Embraer EMB-120 aircraft, issues an AD, CASA must assess this information and, if deemed appropriate, issue a corresponding Australian AD. This ensures the requirements of the State of Design are mandated in Australia, thereby maintaining the aircraft's airworthiness. This process underscores the importance of international cooperation under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type.
The ADs also impose obligations on the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. For Australian aircraft, the State of Registry must develop or adopt requirements to comply with international standards. For instance, in the case of the Embraer EMB-120, CASA amended the existing Australian AD to incorporate later revisions of Embraer service bulletins, ensuring compliance with international safety standards.
There are consequences for non-compliance with ADs. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify penalties for breaching ADs, non-compliance can result in serious safety risks, potentially leading to enforcement actions by CASA. The severity of such actions can range from fines to the grounding of non-compliant aircraft, thereby highlighting the critical importance of adhering to ADs to maintain air safety standards.