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 2002-04-01 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-145/19, 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, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations to further the safety of air navigation, and under section 98, these regulations can mandate the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further specify the conditions under which ADs can be issued, with subregulation 39.001(5) classifying ADs as disallowable instruments. This means they are legislative instruments subject to parliamentary scrutiny, aligning with the Legislative Instruments Act 2003. The primary objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for providing necessary information to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for issuing ADs that align with international directives, ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. They serve to ensure the continuing airworthiness of aircraft types and are mandated by Australia’s commitments under the Convention on International Civil Aviation. The State of Design, such as Brazil for Embraer EMB-145 aircraft, holds the primary responsibility for issuing ADs, while the State of Registry, in this case CASA, must assess and implement these directives for aircraft registered in Australia. For instance, in response to AD 2002-04-01 issued by Brazil, CASA has issued Australian AD/EMB-145/19, effective from 28 August 2008. Given the international nature of these directives and their compliance with international standards, there is no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by CASA on behalf of the Governor-General, under the authority vested in CASA by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act and for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design and the State of Registry under the Convention on International Civil Aviation play a crucial role in the issuance of ADs. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry, in this case Australia, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The AD issued by the Departamento de Aviação Civil (DAC) in Brazil, AD 2002-04-01, affects Embraer EMB-145 aircraft, and CASA has issued Australian AD/EMB-145/19 in response. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation, and 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.
There are potential consequences for non-compliance with ADs. Any breach of ADs may result in civil or criminal penalties under the Civil Aviation Act 1988. The specific consequences can vary depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties can result in imprisonment. The maximum penalties are determined by the courts, taking into account the specific circumstances of each case. It is essential for all parties involved, including aircraft operators, maintenance personnel, and others, to comply with ADs to ensure the continuing airworthiness of aircraft and the safety of air navigation.