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 CTA has issued AD 2005-12-03 affecting Embraer 120 series aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB 120/41, which will become effective on 16 March 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, 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 was enacted to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations, including those concerning airworthiness directives, in the interest of aviation safety. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The Act aims to align with international standards as set out in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's approach to airworthiness is consistent with global practices. The Australian Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, tasked with assessing and issuing airworthiness directives for aircraft on the Australian Register, thereby fulfilling the country's obligations under international agreements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Act, the Governor-General may make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These directives are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and are issued by states in accordance with the Convention on International Civil Aviation. The State of Design, such as Brazil for the Embraer 120 series aircraft, has the primary responsibility for issuing ADs for aircraft types, with the State of Registry, such as Australia, tasked with implementing these directives to ensure compliance and safety. This regulatory process ensures that Australian aviation adheres to international standards and maintains a high level of safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) (s 98, Civil Aviation Act 1988; reg 39.001, Civil Aviation Safety Regulations 1998). Under these provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs that mandate the continuing airworthiness of specific types of aircraft or aeronautical products. It is important to note that ADs are legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901 (reg 39.001(5), Civil Aviation Safety Regulations 1998) and must comply with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations primarily focus on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The State of Design is responsible for the overall airworthiness of an aircraft type and must provide necessary information to the State of Registry to maintain airworthiness (Annex 8, Convention on International Civil Aviation). The State of Registry, in this case CASA, must then assess this information and issue an AD if appropriate, to enforce the continuing airworthiness requirements within Australia. This ensures that all aircraft registered in Australia meet the necessary safety standards as outlined by the relevant State of Design.
Failure to comply with an AD can lead to significant consequences. Civil penalties may be imposed for non-compliance with ADs, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specific penalties depend on the nature and severity of the non-compliance, but they can include substantial fines and potential criminal charges for serious breaches that endanger safety. It is crucial for aircraft operators and owners to adhere to the requirements set out in ADs to avoid these legal repercussions.
In the specific case of AD/EMB 120/41 issued by CASA in response to Brazilian CTA’s AD 2005-12-03, the AD became effective on 16 March 2006. This AD was issued due to Australia’s obligations under the Convention on International Civil Aviation and the need to maintain the continuing airworthiness of Embraer 120 series aircraft registered in Australia. As this AD was issued in response to an international directive, no public consultation was required, and it was determined that a Regulatory Impact Statement was unnecessary. The AD was made by the Manager, New Technologies and Systems, on behalf of CASA, in accordance with subsection 84A(2) of the Act.