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 2001-02-02-02R2 affecting EMB-120 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-120/44, which will become effective on 11 May 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 provide a legislative framework for the regulation of civil aviation in Australia, particularly with a focus on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, thereby ensuring a consistent and rigorous approach to the oversight of civil aviation activities within the country. In accordance with section 98 of this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to further detail the regulatory requirements and procedures, including the issuance of airworthiness directives (ADs). These ADs serve as a mechanism for the Civil Aviation Safety Authority (CASA) to mandate specific safety measures for aircraft or aeronautical products, thereby fulfilling Australia's obligations under international aviation conventions such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that CASA issues to ensure the continuing airworthiness of aircraft registered in Australia, in response to directives from the State of Design or as necessitated by safety concerns.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that pertain to the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness concerns raised by the State of Design, with CASA acting as Australia’s national airworthiness authority to assess and implement these directives. This process adheres to the obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for individual aircraft. The geographic reach of these regulations applies nationally within Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO).
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done under section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. Section 39.001(5) of the Regulations clarifies that such ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the responsibility for the continuing airworthiness of an aircraft type. For example, CASA has issued Australian AD/EMB-120/44 in response to a Brazilian AD concerning the EMB-120 model aircraft.
The obligations and requirements imposed by the Act and Regulations include the responsibility of the State of Design to provide necessary information to maintain the continuing airworthiness of aircraft types, which CASA must then assess and, if appropriate, adopt in issuing an Australian AD. Additionally, the State of Registry of an individual aircraft is tasked with ensuring the aircraft's continuing airworthiness, aligning with the requirements developed or adopted by CASA. This means that both the State of Design and the State of Registry have specific roles in the regulatory framework governing airworthiness directives. In the case of Australia, CASA must rigorously evaluate the information provided by the State of Design and ensure that the Australian AD reflects the necessary safety measures.
Failure to comply with the airworthiness directives can result in significant legal consequences. While the specific offences, penalties, or consequences are not detailed in the provided text, the general legal framework under which ADs operate suggests that non-compliance could be treated as a breach of regulatory requirements, potentially leading to civil or criminal penalties. Given that ADs are legislative instruments, breaches may be subject to the penalties outlined in the relevant legislation, which could include fines or other sanctions as stipulated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The seriousness of these penalties underscores the critical importance of adhering to the directives issued by CASA.