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 SERVIÇO PÚBLICO FEDERAL DEPARTAMENTO DE AVIAÇÃO CIVIL AD has issued AD E2002-11-02 affecting Embraer 145 series aeroplanes. Brazil is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/EMB-145/15, 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 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 Airworthiness Engineering Branch, 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 within Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to establish regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which serve as legislative instruments under the Acts Interpretation Act 1901, are critical for maintaining the continuing airworthiness of aircraft, aligning with the international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, issues these directives to address safety concerns identified by the aircraft's State of Design or in response to international mandates. The issuance of ADs is a direct response to Australia's obligations under international aviation conventions, ensuring compliance with global safety standards without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These ADs, which serve as legislative instruments, are designed to maintain the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The issuing of these directives is a responsibility shared by the State of Design and the State of Registry, with CASA acting as Australia’s national airworthiness authority. When an AD is issued by the State of Design, CASA is obligated to review the directive and, if necessary, issue a corresponding Australian AD. This ensures that all aircraft on the Australian Register meet the required safety standards. Notably, the issuance of ADs under these regulations does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international obligations underpinning their creation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This means that the State of Design must provide necessary information to the States of Registry to maintain the airworthiness of aircraft types registered within their jurisdictions. In Australia, CASA, as the national airworthiness authority, assesses any ADs issued by the State of Design and, if necessary, issues an Australian AD to enforce the required safety measures. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction, as per Annex 8.
The issuance of ADs is typically a result of international obligations and in response to ADs issued by the relevant State of Design, as seen with the AD E2002-11-02 issued by the SERVIÇO PÚBLICO FEDERAL DEPARTAMENTO DE AVIAÇÃO CIVIL affecting Embraer 145 series aeroplanes. Brazil, being the State of Design for these aeroplanes, issued the initial AD, which CASA assessed and subsequently issued as Australian AD/EMB-145/15, effective from 31 July 2008. Given the international context and the nature of ADs, no public consultation is required, and the Office of Regulatory Review has determined that these directives do not need a Regulatory Impact Statement.
The issuance of the AD/EMB-145/15 was carried out by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the ADs meet the necessary safety standards and are enforced appropriately within Australia’s aviation sector. The obligations and requirements imposed by these provisions are to maintain high safety standards in the aviation industry, ensuring that both the State of Design and the State of Registry play their respective roles in upholding airworthiness. Failure to comply with ADs can result in serious consequences, including potential penalties and enforcement actions under the Civil Aviation Act 1988. The specific penalties for breaches are determined by the severity of the non-compliance and the specific regulations violated.