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 2009-02-01 affecting EMB-135 and EMB-145 aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-145/23, which will become effective on
13 December 2010.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) 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 that serve the interests of air navigation safety, as seen in the issuance of airworthiness directives under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The aim is to maintain the continuing airworthiness of aircraft as per international standards, particularly under the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring airworthiness, and States of Registry must enforce these standards domestically. This ensures that Australian aircraft meet international safety standards and that CASA, as Australia's national airworthiness authority, can mandate necessary safety measures in response to directives from other states, such as the recent Australian AD/EMB-145/23 issued in response to a Brazilian directive for EMB-135 and EMB-145 aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their creation is regulated by the Legislative Instruments Act 2003. The scope of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to aircraft manufacturers, operators, and maintenance providers who must comply with the ADs to meet the safety standards prescribed by Australia's national airworthiness authority. These directives are typically issued in response to safety concerns identified by the State of Design or other international civil aviation authorities, and they do not require public consultation or a Regulatory Impact Statement. CASA issues these directives to mandate specific actions to address identified safety issues, ensuring that the aircraft in question maintain their airworthiness.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, as referenced in the explanatory statement, include section 98 of the Civil Aviation Act, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products (regulation 39.001). Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, an AD is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003 (regulation 39.001(5); Acts Interpretation Act 1901 section 46A; Legislative Instruments Act 2003 section 6).
These provisions impose certain obligations and requirements on CASA and other relevant parties. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary to ensure compliance with international standards (Annex 8 to the Convention on International Civil Aviation). When a State of Design, such as Brazil in this instance, issues an AD, CASA must evaluate this information and, if appropriate, issue a corresponding Australian AD (Annex 8; CASA assessment of AD 2009-02-01). The State of Registry of an individual aircraft also bears the responsibility of ensuring the aircraft’s continuing airworthiness, either by developing or adopting the necessary requirements (Annex 8).
There are potential legal consequences for non-compliance with ADs. Failure to comply with an AD can lead to various civil or criminal penalties, although the exact penalties are not specified in the explanatory statement. However, it is implied that such non-compliance can result in serious safety issues and regulatory enforcement actions by CASA. The regulatory framework underscores the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.