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 Brazilian ANAC issued AD 2006-11-01R4, affecting Embraer ERJ-190 series aeroplanes, in April 2009. Brazil is the State of Design for this type. As a result of this Brazilian AD, CASA has amended the equivalent Australian AD to Amendment 2. The amended AD, AD/ERJ-190/15 Amendment 2, will become effective on 5 December 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legislation governing the regulation of civil aviation within Australia. This Act was introduced to address the need for a comprehensive regulatory framework to ensure the safety and efficiency of civil aviation in Australia. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were established, which further delineate the specifics of airworthiness directives (ADs). ADs are legislative instruments that mandate compliance with certain safety standards for aircraft and aeronautical products, ensuring that they remain airworthy throughout their operational life. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, reflecting the policy objective of maintaining the highest standards of safety in air navigation as stipulated under the Act.
Scope and Application
The Civil Aviation Act 1988 applies to any person or entity involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance providers, and other aviation stakeholders. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that are designed to ensure the safety of air navigation and are issued in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The ADs mandate compliance with specific safety requirements, and CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing such directives in response to actions taken by the State of Design. This particular AD, AD/ERJ-190/15 Amendment 2, is an Australian response to a Brazilian AD issued by ANAC for the Embraer ERJ-190 series aeroplanes and is effective from 5 December 2009. The issuance of this AD reflects Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of airworthiness in Australia. Section 98 of the Act empowers the Governor-General to make regulations, including those that pertain to the safety of air navigation. 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 specific types of aircraft or aeronautical products. These ADs serve to maintain and ensure the continuing airworthiness of aircraft, and they are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
An airworthiness directive is a critical tool for ensuring that aircraft meet safety standards. The State of Design, which is responsible for the type design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if appropriate, issue an AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft conform to international safety standards. For instance, in response to Brazilian AD 2006-11-01R4 affecting Embraer ERJ-190 series aeroplanes, CASA amended the Australian AD to Amendment 2, which will become effective on 5 December 2009.
Entities and individuals governed by these regulations bear specific obligations. Aircraft operators must comply with all applicable ADs to maintain their aircraft in a safe and airworthy condition. CASA is tasked with monitoring and enforcing compliance with these directives. This involves ensuring that aircraft are maintained in accordance with the latest ADs, which may include mandatory inspections, repairs, or modifications. Failure to comply with an AD can result in serious safety hazards, including the potential for aircraft accidents or incidents.
Violations of the requirements set forth in the ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence. The penalties for such offences can be substantial, potentially including fines and imprisonment. For example, under section 48 of the Act, a person who contravenes an AD may be liable for a fine of up to $16,500 for an individual offence, or for a body corporate, up to $82,500. Furthermore, CASA has the authority to take enforcement actions, which can include grounding of non-compliant aircraft and prosecution in civil or criminal courts. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards in Australian civil aviation.