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 2006-11-01R2 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-190/15, which will become effective on 28 August 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 Commonwealth of Australia Parliament, was introduced to ensure the safety of air navigation and to establish a regulatory framework governing civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of aviation safety. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs where necessary to ensure compliance with safety standards. This legislative framework underscores the importance of international cooperation in maintaining global aviation safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as made under section 98 of the Civil Aviation Act 1988, apply to entities responsible for the airworthiness of aircraft within Australia, specifically the Civil Aviation Safety Authority (CASA). The scope of this regulation includes the issuance of airworthiness directives (ADs) for kinds of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments, subject to disallowance and review as per the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The jurisdiction of these regulations extends to all aircraft registered in Australia, and they are issued in response to directives from the aircraft's State of Design, such as Brazil for the Embraer ERJ-190 aircraft mentioned. Given their alignment with international obligations and the specific technical nature of the directives, these regulations do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that the continuing airworthiness of aircraft is managed effectively, with the State of Design holding primary responsibility for providing necessary information to maintain the airworthiness of an aircraft type.
The obligations imposed by this legislation are multifaceted. The State of Design must issue ADs when necessary to ensure the continuing airworthiness of an aircraft type, while the State of Registry, such as Australia, is required to assess these directives and, if appropriate, issue corresponding ADs to mandate the requirements of the State of Design. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and determine if an Australian AD is necessary. This ensures that all aircraft registered in Australia meet the required safety standards.
Failure to comply with an airworthiness directive can result in severe consequences. Non-compliance may lead to the grounding of affected aircraft, which can significantly disrupt operations and potentially result in serious safety hazards. Additionally, the Civil Aviation Act 1988 and associated regulations do not specify maximum penalties for breaches of ADs, but general civil or criminal penalties applicable to breaches of aviation regulations could be enforced. These penalties may include fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives for public safety.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 play a vital role in maintaining the safety and airworthiness of aircraft. The State of Design and the State of Registry have clear obligations to ensure that aircraft meet required safety standards, and non-compliance with these directives can lead to significant legal and operational consequences.