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 has issued AD 2005-10-03 affecting Embraer EMB-120 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-120/40, which will become effective on 16 February 2006.
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 Manager, Airframes 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in the aviation industry. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, with a particular focus on the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products. The policy objective is to ensure that Australian aviation standards align with international obligations under the Convention on International Civil Aviation and to maintain the highest safety standards within the industry.
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 specified kinds of aircraft or aeronautical products. These directives are mandated to ensure the continuing airworthiness of aircraft in compliance with Australia's obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register, and must act on ADs issued by the State of Design. The ADs are legislative instruments under the Legislative Instruments Act 2003 and do not require public consultation or a Regulatory Impact Statement. The issuance of ADs is a direct response to international obligations and directives from the relevant State of Design, such as the Brazilian Aeronautical Department's AD 2005-10-03, which has been assessed and adapted by CASA as Australian AD/EMB-120/40. This process ensures that Australian-registered aircraft meet international safety standards, with CASA issuing ADs as necessary to maintain compliance and safety.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This power is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Act and the accompanying regulations mandate that the State of Design—the country where the aircraft type was designed—holds the primary responsibility for the continuing airworthiness of that type of aircraft. This responsibility includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, such as the one issued by the Brazilian Civil Aviation Authority (DAC) affecting the Embraer EMB-120 model aircraft, CASA is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations placed on parties by this legislation are substantial. CASA must rigorously assess any foreign ADs and, if deemed necessary, issue corresponding Australian ADs to maintain safety standards. The State of Registry is responsible for implementing and enforcing these directives to ensure that the aircraft remain airworthy. These obligations are integral to maintaining the safety and reliability of aircraft operating within Australia.
Failure to comply with the ADs can lead to severe consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is clear that breaches of airworthiness directives can result in both civil and criminal penalties. The seriousness of these potential penalties underscores the importance of adhering to the requirements set forth by CASA and the State of Registry. Such non-compliance can endanger the safety of air navigation and potentially lead to significant legal repercussions for individuals or entities involved.