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 2008-10-04 affecting Embraer ERJ 170 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-170/20, which will become effective on 18 December 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, Airframes& Structures 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 provide a legislative framework for the regulation of civil aviation in Australia. This Act was introduced to ensure the safety and efficiency of civil aviation, including the oversight of airworthiness and the issuance of airworthiness directives. Under the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This legislative approach is consistent with international obligations under the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. The Civil Aviation Act 1988 thus aims to harmonise Australian aviation regulations with international standards, ensuring safety and compliance within the global aviation framework.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and thus are legislative instruments as per the Legislative Instruments Act 2003. The issuance of these ADs is primarily driven by Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness of an aircraft type on the State of Design, who must provide necessary information to the States of Registry. In the case of an Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process was exemplified with the Brazilian AD 2008-10-04 concerning Embraer ERJ 170 model aircraft, where CASA issued Australian AD/ERJ-170/20 following their assessment of the Brazilian directive. Given the international nature and the specific technical requirements involved, these ADs typically do not undergo public consultation, and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement. The ADs are issued by CASA, acting on behalf of the Commonwealth, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs can mandate requirements for specific types of aircraft or aeronautical products. Regulation 39.001(5) clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory framework ensures that ADs can be issued swiftly to address safety concerns without the need for extensive public consultation or the creation of a Regulatory Impact Statement.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant authorities are significant. CASA, as Australia's national airworthiness authority, must assess and respond to ADs issued by the State of Design. This includes evaluating the ADs and, where necessary, issuing corresponding Australian ADs to ensure that the safety requirements are met for aircraft registered in Australia. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must also comply with the ADs. The overarching responsibility lies with the State of Design to provide necessary information and ADs to ensure the continuing airworthiness of aircraft types.
Failure to comply with the requirements set out in an AD can result in various consequences. While the specific regulatory text does not detail criminal or civil penalties, non-compliance with airworthiness directives can lead to severe repercussions under the Civil Aviation Act 1988. Such consequences may include the grounding of non-compliant aircraft, which can result in significant operational disruptions and financial losses for operators. Additionally, CASA has the authority to take enforcement actions against operators who fail to adhere to the ADs, which could include fines, operational restrictions, or even the revocation of airworthiness certificates.
In summary, the Civil Aviation Safety Regulations 1998 establish a clear framework for the issuance and enforcement of airworthiness directives. CASA, as the national airworthiness authority, plays a pivotal role in assessing and implementing these directives to ensure the safety of aircraft registered in Australia. The obligations on both CASA and the State of Registry to comply with ADs are stringent, and non-compliance can lead to significant operational and legal consequences.