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 2001-10-02R2 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-145/20, 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, enacted by the Australian Parliament, serves to regulate the safety of civil aviation within Australia and is instrumental in ensuring the safety of air navigation in accordance with international standards. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, which include provisions for the issuance of airworthiness directives (ADs) aimed at maintaining the airworthiness of aircraft and aeronautical products. These regulations were made to address the need for a standardised approach to ensure the safety and airworthiness of aircraft operating within Australia, aligning with international obligations under the Convention on International Civil Aviation. The issuance of ADs is a critical mechanism for addressing safety concerns and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). As the national airworthiness authority, the Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing such directives as necessary to safeguard the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia, ensuring adherence to safety standards as outlined in Annex 8 of the Convention on International Civil Aviation. When a State of Design, such as Brazil for Embraer EMB-145 aircraft, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD. This legislative instrument is designed to mandate the requirements of the State of Design to maintain the continuing airworthiness of the aircraft type in Australia. Exemptions or exclusions from these directives are not explicitly stated in the text, but the application of ADs is strictly regulated to ensure compliance with international safety standards. The ADs, as disallowable instruments, extend CASA's regulatory reach in maintaining safe air navigation practices across the Commonwealth of Australia.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The State of Design, such as Brazil for Embraer EMB-145 aircraft, holds the primary responsibility for the ongoing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This State must provide essential information to ensure airworthiness to relevant States of Registry, like Australia. Consequently, the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess and, where appropriate, issue Australian ADs that reflect the requirements of the State of Design. This process ensures compliance with international obligations and maintains the safety standards for aircraft registered in Australia. The AD issued in response to AD 2001-10-02R2 from the Departamento de Aviação Civil (DAC) will become effective on 28 August 2008. As this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the State of Design, no consultation with the Australian public was required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance may lead to enforcement actions, including fines and potential criminal charges. The maximum penalties for offences related to airworthiness can be severe, depending on the nature and severity of the breach. CASA has the authority to take appropriate measures to ensure compliance, which may include grounding aircraft that do not meet the required safety standards. The enforcement actions are designed to uphold the highest safety standards in civil aviation and protect the public from potential risks associated with non-compliant aircraft.