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 2003-01-03R1 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-145/18, which will become effective on 28 August 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 provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations in the interests of aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments to maintain the continuing airworthiness of aircraft, as per Australia's obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives, particularly in response to ADs issued by the State of Design, to ensure compliance with international standards and the safe operation of aircraft registered in Australia. In this context, CASA issued Australian AD/EMB-145/18 in response to DAC’s AD 2003-01-03R1, reflecting Australia’s commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, ensuring compliance with safety standards mandated by the Civil Aviation Act 1988. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are designed to maintain the continuing airworthiness of aircraft registered in Australia. The application of these ADs extends to any person or entity operating an aircraft within Australia, thereby encompassing a wide range of industries, including commercial and private aviation sectors. The geographic reach of these regulations is national, as they apply to all aircraft registered under the Australian Register. Although these directives are integral to ensuring safety, they do not require public consultation or a Regulatory Impact Statement, given their alignment with international standards and obligations under the Convention on International Civil Aviation. CASA issues these ADs in response to corresponding directives from the State of Design, ensuring that Australian aviation standards are in line with international requirements and practices.
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) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and Regulations primarily rest on CASA, the national airworthiness authority, to ensure the continuing airworthiness of aircraft on the Australian Register. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information provided and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process is governed by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type and the State of Registry the responsibility for the continuing airworthiness of individual aircraft. CASA's role in this process ensures compliance with international standards and Australian regulations.
The ADs issued by CASA are legally binding and must be complied with by the holders of the aircraft certificates and the operators of the affected aircraft. Failure to comply with an AD can result in significant consequences, including the potential for the aircraft to be grounded or restricted from operation until the required actions are taken. While the ADs themselves do not require public consultation or a Regulatory Impact Statement, they are subject to rigorous assessment by CASA to ensure that they align with safety and regulatory standards.
In terms of penalties, non-compliance with ADs can lead to civil and criminal consequences. CASA has the authority to take enforcement actions, including fines and the potential suspension or revocation of aircraft certificates. Under the Civil Aviation Act 1988, individuals and entities found in breach of ADs may face substantial penalties. The specific penalties depend on the severity of the breach and are determined by the relevant authorities in accordance with the Act. The enforcement of ADs is critical to maintaining the high standards of safety and airworthiness required in the aviation industry.