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 ANAC (Brazil) issued AD 2007-03-02R2 affecting Embraer ERJ 190 aircraft. Brazil is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/ERJ 190/13 Amendment 1, which will become effective on
12 February 2009. This AD cancels and replaces the previous issue.
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 Regulatory Review 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 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 comprehensive legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, further define the regulatory landscape, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft types registered in Australia, in line with international obligations under the Convention on International Civil Aviation. The Act and its regulations aim to harmonise Australia's aviation safety standards with those of other ICAO Contracting States, ensuring a coordinated approach to maintaining global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to any person or entity involved in the design, manufacture, maintenance, or operation of aircraft within Australia. This legislation encompasses a broad spectrum of aviation-related activities and entities, ensuring compliance with national and international safety standards. The geographic reach of the Act extends throughout the Commonwealth of Australia, with its provisions applicable to all aircraft registered in Australia and to those operating within Australian airspace. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments and serve as the primary means for ensuring the continuing airworthiness of aircraft types, particularly in response to international obligations under the Convention on International Civil Aviation. The ADs are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO) and are a direct response to directives from the State of Design, in this case, Brazil for the Embraer ERJ 190 aircraft. The ADs do not require public consultation or a Regulatory Impact Statement as they are based on international agreements and directly address safety concerns raised by the State of Design.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations conducive to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory framework is underpinned by the notion that ADs serve as crucial tools for ensuring the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must furnish any necessary information to the appropriate States of Registry to maintain this airworthiness.
The obligations imposed by these regulations necessitate that the State of Design, such as Brazil for Embraer ERJ 190 aircraft, issues ADs when necessary to address safety concerns. CASA, as Australia's national airworthiness authority, must then evaluate this information and, if deemed appropriate, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are mandated in Australia, thereby maintaining the safety and airworthiness of the aircraft registered within the country. The State of Registry, in this case, Australia, must develop or adopt requirements that align with international standards to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failing to comply with these ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence. The potential penalties for such breaches may include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach but underscore the importance of adhering to the directives issued to maintain safety standards in civil aviation. The legislative instruments, such as ADs, are designed to protect public safety and ensure that aircraft meet the requisite safety standards.