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 2007-02-02R1 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 190/12, 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, enacted by the Commonwealth Parliament, serves to regulate and ensure the safety of civil aviation within Australia. This legislation establishes the legal framework for the regulation of aviation safety and operations, including the issuance of airworthiness directives. These directives are crucial for maintaining the safety and airworthiness of aircraft, as they mandate specific maintenance, repair, and replacement requirements in response to identified safety issues. Under section 98 of the Act, the Governor-General is empowered to make regulations that are necessary for the safety of air navigation, which includes the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the processes by which these directives are issued and implemented. This legislative framework aims to uphold high safety standards in line with international obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. This regulatory mechanism applies to all aircraft registered in Australia and any aeronautical products used within the country, enforcing standards set forth to maintain airworthiness. These directives can mandate specific maintenance, repairs, or alterations necessary to ensure the safety of air navigation. The ADs extend to all aircraft types and aeronautical products within Australia, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. Although these directives are legislative instruments and subject to disallowance, they do not require public consultation or a Regulatory Impact Statement due to their alignment with international safety standards and the expertise involved in their issuance. The ADs are issued by CASA, reflecting Australia's commitment to maintaining high safety standards in civil aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued and enforced in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are subject to disallowance as per section 46A of the Acts Interpretation Act 1901.
The Act and Regulations impose several obligations on the parties and entities they govern. Firstly, the State of Design, which is Brazil in this case, has the responsibility to ensure the continuing airworthiness of the aircraft types it designs. This includes providing necessary information to States of Registry, such as Australia, to maintain airworthiness. Secondly, the State of Registry, which is Australia for the Embraer ERJ 190 series aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia's national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs to enforce the requirements.
Breaching the requirements set out in an AD can lead to serious consequences. While the specific offences and penalties are not detailed in the text provided, it is clear that non-compliance with ADs can result in civil or criminal liability under the Civil Aviation Act 1988. Typically, such breaches could lead to fines or imprisonment, depending on the severity and impact of the non-compliance. Additionally, failure to adhere to ADs can compromise the safety of air navigation, potentially leading to aircraft being grounded or restricted from operation until the required actions are taken.