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 2004-08-02 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-145/14, 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 Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation empowers the Governor-General to create regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 implementing these provisions. Section 98 of the Civil Aviation Act 1988 enables the creation of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, ensuring that they comply with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, which addresses the continuing airworthiness of aircraft. ADs are typically issued by the State of Design and must be assessed and potentially mandated by the State of Registry, in this case, CASA (Civil Aviation Safety Authority), to ensure compliance with international obligations and local safety standards. This approach ensures that Australia's civil aviation safety measures are both nationally effective and internationally consistent.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations apply to aircraft registered in Australia and are designed to ensure the safety of air navigation in accordance with international standards set by the Convention on International Civil Aviation. The issuing of ADs is a legislative instrument and can be disallowable under certain conditions, as specified in the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, with the State of Design bearing primary responsibility for issuing such directives, while the State of Registry is tasked with enforcing compliance with these directives. In the case of foreign ADs, CASA, acting on behalf of Australia's interests, may issue corresponding ADs to align with international obligations and ensure uniformity in safety standards across the industry. This process does not typically involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by authorised personnel within CASA, ensuring adherence to the legislative framework established by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001). These directives are considered legislative instruments as per the Legislative Instruments Act 2003, and they are disallowable under section 46A of the Acts Interpretation Act 1901 (39.001(5)). ADs are crucial tools for ensuring the continuing airworthiness of aircraft, mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for an aircraft type’s airworthiness, while the State of Registry must ensure the airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, assesses ADs issued by States of Design and, if necessary, issues corresponding Australian ADs.
Under the Civil Aviation Safety Regulations 1998, CASA is obliged to assess any ADs issued by a State of Design that pertain to aircraft registered in Australia. This obligation stems from the need to maintain safety standards in line with international conventions and to ensure that Australian aircraft meet continuing airworthiness requirements. CASA's role involves evaluating the necessity and appropriateness of the ADs in the Australian context and, if deemed necessary, issuing corresponding Australian ADs to enforce the required safety measures. This ensures that Australian aircraft remain compliant with both international standards and local regulatory requirements.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and is liable for penalties. The specific penalties depend on the nature of the breach but can include fines and imprisonment. The severity of the penalty often correlates with the risk posed by the non-compliance, with higher risks leading to more stringent penalties. These measures are in place to ensure that all parties adhere to the safety standards mandated by CASA, thereby protecting public safety in the aviation sector.
The process of issuing an AD by CASA is rigorous and involves thorough assessment and consultation with relevant stakeholders. The Manager, Airframes in the Airworthiness Engineering Branch, makes the AD on behalf of CASA, ensuring that the directive is in compliance with the Civil Aviation Act 1988 and other relevant legislation (subsection 84A(2)). This structured approach underscores the importance of safety in civil aviation and the commitment of CASA to uphold these standards. The absence of public consultation and the determination that a Regulatory Impact Statement is not necessary for ADs highlights the urgent and critical nature of these directives, which are issued to promptly address safety issues without delay.