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 2007-03-02 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 190/13, 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 Australian Parliament, addresses issues related to the safety and regulation of civil aviation within Australia. This legislation provides the authority for the creation and enforcement of regulations necessary for the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General has the power to make regulations aimed at ensuring the safety of air navigation, with these regulations serving as a critical tool for maintaining and enhancing the safety standards of civil aviation. Complementing the Act are the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are instrumental in ensuring that aircraft remain airworthy and compliant with safety standards, particularly when addressing issues identified by the State of Design or other contracting states under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds overall responsibility for the airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain the airworthiness of individual aircraft registered within its territory. In response to ADs issued by the State of Design, such as AD 2007-03-02 by the Agência Nacional de Aviação Civil of Brazil concerning the Embraer ERJ 190 series, CASA is required to assess and, if necessary, issue corresponding Australian ADs, such as AD/ERJ 190/13, which became effective on 3 July 2008. These directives are issued under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988, and do not require public consultation or a Regulatory Impact Statement due to their international obligations and technical nature.
Key Provisions
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 are designed to maintain or restore the airworthiness of aircraft, and they become legally binding upon issuance (section 39.001(5)). It is important to note that these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs serve as a mechanism for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, a responsibility outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations primarily fall on CASA, which acts as Australia’s national airworthiness authority. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian registered aircraft meet the necessary safety standards as dictated by international conventions. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. These obligations ensure that all parties involved in the maintenance and operation of aircraft are accountable for adhering to safety regulations.
Failure to comply with the requirements set forth in an AD can lead to various consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, general aviation regulations often include provisions for enforcement actions. These may range from fines to more severe penalties such as suspension or revocation of an aircraft’s certificate of airworthiness. Additionally, operators found in breach of ADs may face legal action, which could result in civil or criminal liability depending on the severity of the non-compliance. The specific penalties and consequences are typically outlined in the relevant regulations or determined by a court of law.
Given the international nature of airworthiness directives, the process of issuing and enforcing these directives does not typically involve public consultation. This is particularly the case when the AD is a direct response to a directive issued by the State of Design, as in the case of AD 2007-03-02 issued by Brazil for Embraer ERJ 190 series aircraft. CASA’s assessment and subsequent issuance of Australian AD/ERJ 190/13 are made in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that all actions are taken in the interests of safety and in compliance with international obligations. This streamlined process allows for timely enforcement of safety standards without the delays associated with public consultation.