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 issued AD
2006-11-01R3 affecting Embraer ERJ-190 aircraft. Brazil is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/ERJ-190/15 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, enacted by the Australian Parliament, aims to regulate civil aviation within Australia to ensure safety and efficiency. This Act provides the legal framework for the creation and enforcement of regulations, including airworthiness directives, to maintain the safety standards of aircraft and aeronautical products. The Act empowers the Civil Aviation Safety Authority (CASA) to issue these directives in line with international standards and obligations, particularly under Annex 8 to the Convention on International Civil Aviation. The 1998 Civil Aviation Safety Regulations further detail the process for issuing such directives, ensuring that the continuing airworthiness of aircraft is managed in accordance with both domestic and international requirements. This legislative approach addresses the need for harmonised aviation safety standards across jurisdictions, reflecting the collaborative nature of international civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to various entities within the aviation industry, including aircraft operators, manufacturers, and other stakeholders involved in civil aviation activities in Australia. The Act empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are critical in maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry. When an AD is issued by a State of Design, such as Brazil in the case of the Embraer ERJ-190 aircraft, CASA must assess this information and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. The jurisdictional reach of this Act is national, affecting all aircraft registered in Australia and ensuring adherence to international aviation safety standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003. Such directives are critical for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards set forth by the Convention on International Civil Aviation. In the case of the Embraer ERJ-190 aircraft, the AD issued by CASA, specifically AD/ERJ-190/15 Amendment 1, mandates compliance with safety requirements established by the State of Design, which is Brazil in this instance. This AD, effective from 12 February 2009, supersedes any previous directives, thereby updating the safety protocols for these aircraft.
Entities governed by the Civil Aviation (Safety) Regulations 1998 are required to comply with the ADs issued by CASA. For aircraft registered in Australia, this includes adhering to the specific maintenance, repair, and operational requirements outlined in the ADs. Operators must ensure that their maintenance schedules and procedures are updated to reflect the requirements of the AD. Additionally, the State of Registry, in this case, Australia, must establish or adopt regulations that ensure compliance with the ADs, thereby maintaining the safety and airworthiness of aircraft within its jurisdiction.
Failure to comply with the requirements set forth in an AD can result in serious consequences. While the Civil Aviation (Safety) Regulations 1998 do not specify maximum penalties for non-compliance, breaches of aviation regulations can lead to enforcement actions by CASA. These actions may include the issuance of fines, grounding of aircraft, or other administrative penalties. Furthermore, in severe cases, non-compliance with ADs can result in criminal charges, which may carry substantial fines and imprisonment. The precise penalties depend on the nature and severity of the breach, as well as any associated risks to flight safety.