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 2007-11-04R1 affecting Embraer EMB-145 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-145/3, which will become effective on 23 June 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 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 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, with a focus on ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General can make regulations that serve the interests of air navigation safety, with one such regulation being the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry under Annex 8 to the Convention on International Civil Aviation. In the case of the Embraer EMB-145 model aircraft, following the issuance of an AD by Brazil, the State of Design, CASA has assessed and issued an Australian AD to align with the international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, such as Brazil for the Embraer EMB-145 model aircraft, is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must then assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This particular AD, AD/EMB-145/3, in response to Brazilian AD 2007-11-04R1, will become effective on 23 June 2008 and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations, while regulation 39.001 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain aircraft types or aeronautical products. This authority is further clarified in subregulation 39.001(5), which designates ADs as disallowable instruments, thereby acknowledging their legislative nature in line with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with assessing airworthiness directives issued by the State of Design—the country where the aircraft type was designed. Once an assessment is completed, CASA may issue its own ADs to enforce the requirements on Australian-registered aircraft. This is seen in the case of the Embraer EMB-145 model aircraft, where the Brazilian National Civil Aviation Agency (ANAC) issued AD 2007-11-04R1. CASA assessed this directive and issued Australian AD/EMB-145/3, effective from 23 June 2008.
Entities governed by these regulations, including aircraft operators and manufacturers, are obligated to comply with ADs issued by CASA. These directives may include mandatory inspections, repairs, or modifications to maintain the airworthiness of the aircraft. The State of Registry, in this case CASA, must ensure that all aircraft within its jurisdiction adhere to these standards. Failure to comply with an AD can lead to serious consequences, including the grounding of non-compliant aircraft and potential enforcement actions against the operators or manufacturers.
The Civil Aviation Safety Regulations 1998 do not mandate public consultation for ADs issued under international obligations, as evidenced by the Brazilian AD affecting the Embraer EMB-145. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The authority to issue these directives is vested in the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, acting on behalf of CASA in accordance with subsection 84A(2) of the Act. Any breach of these directives can lead to civil and criminal penalties, underscoring the importance of strict adherence to the stipulated safety measures.