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 AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL has issued AD 2007-12-01 affecting Embraer ERJ 170 series aeroplanes. Brazil is the State of Design for this aeroplane. CASA has assessed this AD and has issued Australian AD/ERJ-170/13, which will become effective on 10 April 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 Acting Manager, 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 was enacted to provide a legal framework for civil aviation activities in Australia, focusing primarily on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The policy objective of the Act is to maintain the highest standards of safety in civil aviation, aligning with international obligations under the Convention on International Civil Aviation. Under the Civil Aviation Safety Regulations 1998, ADs are recognised as legislative instruments that CASA can issue to ensure compliance with airworthiness standards, particularly in response to directives from the aircraft's State of Design. This process ensures that Australian aircraft meet international safety benchmarks, reflecting the collaborative nature of global aviation safety regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to entities and individuals involved in civil aviation activities within Australia, including aircraft operators, manufacturers, and maintenance providers. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. ADs, as legislative instruments, are issued to mandate continuing airworthiness requirements based on international standards and in response to directives from the aircraft's State of Design. For example, in the case of the Embraer ERJ 170 series aeroplanes, CASA has issued an Australian AD following an assessment of a Brazilian AD. This process is conducted under Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The AD is issued by CASA in accordance with the Civil Aviation Act 1988, reflecting the jurisdictional reach and the specific application of the Act to maintain the safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that serve the Act's objectives and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process is guided by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring an aircraft type's continuing airworthiness on the State of Design. In the event that an AD is issued by the State of Design, CASA, acting as Australia's national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and providing all necessary information to the appropriate States of Registry. Similarly, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the provided information and, if required, issue an Australian AD to mandate the State of Design's requirements. This ensures that Australian aircraft meet the safety standards set by the international community.
The implications of not adhering to the ADs issued under the Civil Aviation Safety Regulations 1998 can be severe. While specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs can result in significant civil or criminal consequences. The seriousness of these consequences underscores the importance of adhering to the ADs, which are designed to ensure the safety of air navigation. The ADs themselves are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, highlighting their legal significance and the importance of compliance.