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 Brazilian ANAC has issued AD 2009-01-01 affecting Embraer EMB-135 and EMB-145 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-145/22, which will become effective on 12 March 2009.
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 Best Practice Regulation 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the aviation industry in Australia with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type's airworthiness and must provide necessary information to the State of Registry. In line with these international obligations, CASA has issued Australian AD/EMB-145/22, effective from 12 March 2009, in response to an airworthiness directive issued by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer EMB-135 and EMB-145 series aircraft. Given the international nature and regulatory context of this directive, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act applies to entities involved in the operation of aircraft within Australia, including aircraft manufacturers, operators, and maintenance providers, as well as individuals such as pilots and maintenance technicians. The scope of the Act extends to all aircraft registered in Australia and to aeronautical products used in Australian airspace, ensuring compliance with safety standards established under international conventions, particularly the Convention on International Civil Aviation. The issuance of ADs is a regulatory mechanism used by CASA to enforce the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry. ADs issued by CASA are legislative instruments subject to disallowance and are crafted in accordance with both national and international obligations, such as the requirement to align with ADs issued by the State of Design. Although the AD in question was issued in response to an international AD and does not require public consultation or a Regulatory Impact Statement, it is formulated by CASA in its capacity as Australia’s national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to enact regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. An AD is a formal instruction issued to ensure that certain aircraft or aeronautical products maintain their airworthiness, and it is issued under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of an aircraft type on the State of Design.
The obligations imposed by these regulations on CASA and other relevant parties are substantial. The State of Design, such as Brazil for Embraer EMB-135 and EMB-145 aircraft, is responsible for issuing ADs to ensure the continuing airworthiness of the aircraft type. When such an AD is issued, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards. The State of Registry, which in this case would be Australia for any Embraer EMB-135 or EMB-145 aircraft registered in Australia, is also responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the requirements of an airworthiness directive can lead to serious consequences. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is clear that non-compliance with ADs can lead to significant civil or criminal penalties. Typically, violations of ADs can result in fines, suspension or revocation of airworthiness certificates, and in severe cases, criminal charges against both the operator and responsible maintenance personnel. The exact penalties can vary depending on the specific nature and severity of the violation, but they are designed to enforce stringent safety standards to protect public safety and ensure the integrity of the aviation industry.