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 DAC has issued AD 2005-10-05 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-145/6, which will become effective on 31 July 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 for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. This Act allows the Governor-General to make regulations that contribute to the safety of air navigation, with the Civil Aviation Safety Regulations 1998 being a significant set of these regulations. Under the authority granted by the Civil Aviation Act, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001, with these directives being considered legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 underpins this regulatory framework, empowering the Governor-General to enact regulations for air navigation safety. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure the continuing airworthiness of aircraft types and to provide necessary information to States of Registry, including Australia. As Australia’s national airworthiness authority, CASA is tasked with assessing ADs issued by foreign States of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements domestically. For instance, in response to Brazilian AD 2005-10-05 concerning Embraer EMB-145 model aircraft, CASA issued Australian AD/EMB-145/6, which will take effect on 31 July 2008. These ADs are not subject to public consultation or a Regulatory Impact Statement as they are issued pursuant to international obligations and in direct response to ADs from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations to achieve this goal, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a legislative instrument and are required to comply with the provisions of the Legislative Instruments Act 2003.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have several obligations to adhere to the provisions of airworthiness directives. The State of Design, which in this case is Brazil for the Embraer EMB-145 model aircraft, bears the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements. The State of Registry, in this case Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, and must comply with any ADs issued by CASA.
Failure to comply with airworthiness directives can result in significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of ADs. However, non-compliance with ADs can lead to severe penalties under the Civil Aviation Act 1988, such as fines and imprisonment, as well as potential civil liabilities for damages resulting from accidents or incidents caused by non-compliance. CASA has the authority to enforce compliance through administrative actions, including the issuance of compliance orders and the imposition of fines, and may also refer matters to the Australian Transport Safety Bureau or the Commonwealth Director of Public Prosecutions for further investigation and prosecution.