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
2006-09-04 R1 affecting Embraer ERJ 190 aircraft. Brazil is the State of Design for this aircraft. Series CASA has assessed this AD and has issued Australian
AD/ERJ 190/14, which will become effective on 31 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 Parliament of Australia, aims to ensure the safety of air navigation by providing a regulatory framework for civil aviation in Australia. The Act empowers the Governor-General to create regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives (ADs) as per section 98. The Civil Aviation Safety Regulations 1998 further clarify the circumstances under which ADs may be issued, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to mandate ADs for specific aircraft or aeronautical products. This legislative approach responds to the need for consistent and internationally recognised standards for aircraft safety, aligning with international obligations under the Convention on International Civil Aviation. In accordance with these obligations, CASA, acting as Australia’s national airworthiness authority, must ensure that Australian-registered aircraft meet continuing airworthiness standards, often by issuing Australian ADs in response to directives from the aircraft’s State of Design.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide a legislative framework for the issuance of airworthiness directives (ADs) that are essential for ensuring the safety of aircraft within Australian jurisdiction. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legally binding instruments aimed at maintaining the airworthiness of specific types of aircraft or aeronautical products. These ADs are applicable to aircraft registered in Australia and are designed to ensure compliance with international standards set by the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued without public consultation, as they are mandated by international obligations and the need to maintain airworthiness standards. CASA, acting as Australia’s national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This regulatory approach ensures that Australian aviation remains aligned with international safety protocols and standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, provides the authority for the Governor-General to create regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to certain types of aircraft or aeronautical products and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003. Such ADs serve as a crucial means of continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for an aircraft type’s ongoing airworthiness. The State of Registry, in this case CASA (Civil Aviation Safety Authority), must ensure that the aircraft remains airworthy by either developing or adopting appropriate requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to review and assess ADs issued by the State of Design. If deemed appropriate, CASA must issue corresponding Australian ADs that mandate the necessary requirements for the aircraft's continuing airworthiness. For example, following the issuance of AD 2006-09-04 R1 by the Agência Nacional de Aviação Civil (ANAC) of Brazil for Embraer ERJ 190 aircraft, CASA issued Australian AD/ERJ 190/14. This process ensures that Australian-registered aircraft comply with international standards and regulations.
Failing to comply with an AD can lead to significant legal and operational consequences. Under section 115 of the Civil Aviation Act 1988, any person who operates an aircraft in a manner that contravenes an AD commits an offence. This can result in civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations, as well as criminal penalties, which can include imprisonment for up to two years. Additionally, non-compliance can lead to the grounding of aircraft, potentially disrupting operations and incurring financial losses for the operator.
The legislative framework ensures that ADs are issued in accordance with the relevant international conventions and national regulations, thereby maintaining the high safety standards required in civil aviation. By following these regulations and requirements, CASA helps ensure that the aircraft operating within Australian jurisdiction remain safe and compliant with international standards.