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 – BRAZIL has issued AD 2007-04-02R1 affecting Embraer ERJ 190 series aircraft. Brazil is the State of Design for this aircraft series. CASA has assessed this AD and has issued Australian AD/ERJ 190/11, which will become effective on 3 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 safety of civil aviation in Australia, including the regulation of airworthiness and the issuance of airworthiness directives (ADs). The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft and aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as mandated by international conventions such as the Convention on International Civil Aviation. In the case of foreign ADs issued by the State of Design, CASA must evaluate and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards and Australia's obligations under the convention. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is managed by CASA in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate safety requirements to ensure the continuing airworthiness of aircraft. Such directives are particularly relevant when a State of Design issues an AD for an aircraft type registered in Australia, necessitating CASA to assess and, if appropriate, issue an Australian AD. This process underscores Australia's commitment to international standards under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of States of Design and Registry in maintaining airworthiness. The ADs are not subject to public consultation or a Regulatory Impact Statement, given their technical nature and alignment with international obligations. CASA's authority to issue these directives is exercised by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, which include safety regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. It is crucial to note that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed on parties by these regulations primarily rest on CASA as Australia’s national airworthiness authority. Under the provisions of Annex 8 to the Convention on International Civil Aviation, CASA must ensure that any AD issued by the State of Design (the country responsible for the aircraft design) is assessed and, if necessary, translated into an Australian AD to maintain the continuing airworthiness of aircraft registered in Australia. This means CASA has to review international ADs, such as the one issued by the Agência Nacional de Aviação Civil (ANAC) of Brazil concerning the Embraer ERJ 190 series, to determine their applicability and relevance for Australian-registered aircraft. Once CASA deems an AD necessary, it issues an Australian AD, such as AD/ERJ 190/11, to mandate compliance with the safety requirements.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to enforcement actions. This may include civil penalties, such as fines, or criminal penalties, including imprisonment. The severity of the penalties depends on the nature of the breach and whether it is a first or subsequent offence. For example, knowingly contravening an AD can attract maximum penalties of up to $162,000 for individuals and $810,000 for corporations, as stipulated in the relevant sections of the Act. These stringent measures underscore the importance of adhering to ADs for maintaining the highest safety standards in civil aviation.