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 Departamento de Aviação Civil (DAC) has issued AD 1999-02-01R6 affecting Embraer EMB 145 aircraft. Brazil is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/EMB-145/16, which will become effective on 29 June 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, Systems and New Technologies, 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, serves to regulate civil aviation within Australia to ensure safety and efficiency. One of its key provisions is the ability for the Governor-General to make regulations, as highlighted under section 98 of the Act. This allows for the creation of safety-related regulations such as those found in the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. The ADs, which are legislative instruments, are typically issued in response to international obligations under the Convention on International Civil Aviation, ensuring that Australia aligns with global standards for aircraft safety. The objective of these directives is to mandate specific requirements to maintain the continuing airworthiness of aircraft, thus ensuring that aircraft meet necessary safety standards as determined by the State of Design and enforced by the State of Registry.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, such as Brazil for Embraer EMB 145 aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to States of Registry, including Australia. Consequently, when a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. In this particular case, the AD issued by Brazil prompted CASA to issue Australian AD/EMB-145/16, which will take effect on 29 June 2008. Given that this AD arises from Australia’s international obligations and in response to a directive from the relevant State of Design, no public consultation was necessary, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to enact regulations for air safety, as outlined in section 98, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments in terms of section 46A of the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft types and are typically issued by states that are parties to the Convention on International Civil Aviation, as stipulated in Annex 8. For instance, Brazil, as the State of Design for Embraer EMB 145 aircraft, issued AD 1999-02-01R6, which CASA assessed and subsequently issued as Australian AD/EMB-145/16, effective from 29 June 2008.
The obligations imposed by the Act on parties such as CASA and aircraft operators are substantial. CASA, as Australia's national airworthiness authority, must rigorously assess any ADs issued by the State of Design and determine if they need to be adopted or adapted for Australian aircraft. If necessary, CASA must then issue its own AD to enforce the required safety measures. Aircraft operators, on the other hand, are obligated to comply with these ADs to ensure that their aircraft remain airworthy. This includes following any mandated inspections, repairs, or modifications as specified in the ADs. Failure to comply with these directives can result in serious safety risks and legal repercussions.
Breaching the provisions of an AD can lead to various consequences, both civil and criminal. Civilly, non-compliance can result in penalties under the Civil Aviation Act 1988, including fines and potential grounding of the aircraft. Criminally, serious breaches can result in more severe penalties, including imprisonment, especially if the non-compliance leads to an accident or incident that causes harm. The specific penalties vary depending on the severity of the breach, but they can include fines of up to $1,215,000 for corporations and $243,000 for individuals, alongside possible imprisonment for up to five years. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.