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 has issued AD 2008-09-02 affecting ERJ-190/model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-190/16, which will become effective on 30 September 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and establish a comprehensive framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs, which are legislative instruments, are critical for maintaining the continuing airworthiness of aircraft types as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case Brazil, holds responsibility for ensuring the airworthiness of the aircraft type, while the State of Registry, represented by CASA in Australia, must enforce these standards domestically. The issuance of the Australian AD/ERJ-190/16 follows CASA's assessment of the Brazilian AD 2008-09-02 and is effective from 30 September 2008. Given the international obligations and the nature of the directive, no public consultation was deemed necessary, and the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 39.001 of the Civil Aviation Safety Regulations 1998, with ADs being classified as disallowable instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. These ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, aim to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988. The issuing of ADs is mandated by Annex 8 of the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to assess such information and, if deemed necessary, issue Australian ADs to enforce the requirements of the State of Design. This process ensures compliance with international standards while maintaining domestic airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5). These directives are essential for maintaining the continuing airworthiness of aircraft types, and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily directed at CASA and the State of Registry of an aircraft. The State of Design, in this case, Brazil, has the responsibility to provide information to ensure the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In the case of the Brazilian AD 2008-09-02 affecting the ERJ-190/model aircraft, CASA has assessed the AD and issued Australian AD/ERJ-190/16, which will become effective on 30 September 2008. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft in accordance with Annex 8.
There are no offences or penalties specified for non-compliance with ADs under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. However, failure to comply with an AD may result in the aircraft being deemed unairworthy, which could lead to severe consequences, including accidents or incidents. CASA may take enforcement action against operators who fail to comply with ADs, such as grounding aircraft, imposing fines, or prosecuting individuals or companies for non-compliance. Furthermore, the State of Registry may also take action against operators who do not comply with ADs, such as denying or revoking their airworthiness certificates.
In conclusion, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a legislative framework for the issuance of ADs in Australia. CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, and must assess and mandate the requirements of State of Design ADs. The State of Registry is responsible for the continuing airworthiness of aircraft, and must develop or adopt requirements to ensure compliance with ADs. Failure to comply with ADs may result in severe consequences, including accidents or incidents, and CASA and the State of Registry may take enforcement action against non-compliant operators.