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 Authority has issued AD 2003-07-02 affecting Embraer 135 and 145 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-145/12, which will become effective on 31 July 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to ensure the safety of air navigation and to regulate civil aviation within Australia. Section 98 of the Act provides the authority for the Governor-General to make regulations in the interest of aviation safety, including the issuance of airworthiness directives. These directives, detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments that address safety issues for aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) issues these directives in accordance with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation. The process involves CASA evaluating airworthiness directives issued by the aircraft's State of Design and, if necessary, issuing corresponding Australian directives to maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments, aim to ensure the safety of air navigation in accordance with international standards. The ADs are issued in response to continuing airworthiness information provided by the State of Design and are mandated for aircraft registered in Australia. For instance, in response to a Brazilian airworthiness directive concerning Embraer 135 and 145 aircraft, CASA issued an Australian AD to enforce the required safety measures. This legislative process is governed by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are issued under the authority of the Manager, Airframes in the Airworthiness Engineering Branch of CASA, as stipulated by the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are primarily on the operators of the affected aircraft. They must comply with the ADs by following the specified actions, such as inspections, repairs, or modifications, within the stipulated timelines. Failure to comply with these directives can result in serious safety issues and could lead to grounding of the aircraft. The ADs are designed to ensure that the aircraft remain airworthy, thereby enhancing the safety of air navigation.
In terms of enforcement, breaches of the ADs can have significant consequences. The Civil Aviation Safety Regulations 1998 outline that non-compliance with an AD can result in civil penalties. Under regulation 39.015, the maximum penalty for an individual is $16,500, while the penalty for a corporation is significantly higher at $82,500. Additionally, an operator who fails to comply with an AD may face suspension or revocation of their air operator’s certificate, which could effectively cease their operations. These stringent penalties underscore the importance of adhering to the ADs to maintain aviation safety.