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 ENAC has issued AD 2008-10-03 affecting Embraer ERJ-190 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-190/17, which will become effective on 20 November 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for a comprehensive framework governing civil aviation activities in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to establish regulations that promote the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are critical in maintaining the continuing airworthiness of aircraft types registered in Australia. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design has a responsibility to ensure the airworthiness of an aircraft type, with States of Registry like Australia adopting or developing requirements to meet these standards. The issuance of ADs by CASA, as mandated by the Civil Aviation Act 1988, is a direct response to international airworthiness directives, such as the Brazilian AD 2008-10-03 for Embraer ERJ-190 aircraft, ensuring compliance with global safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) which are essential for ensuring the safety of aircraft and aeronautical products within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products, thereby making them legislative instruments as per the Legislative Instruments Act 2003. The authority to issue such directives is exercised by CASA to uphold Australia's commitments under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft. In response to the Brazilian Civil Aviation Authority's AD 2008-10-03 affecting Embraer ERJ-190 model aircraft, CASA has issued AD/ERJ-190/17, reflecting the stringent measures required to maintain safety standards. This directive applies to all relevant stakeholders, including aircraft operators and maintenance providers, and is effective as of 20 November 2008. Notably, this AD was issued without public consultation due to its international compliance nature and has been deemed not to require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (the Act) provides a comprehensive framework for the regulation of civil aviation in Australia, with particular emphasis on safety. Section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to assess and respond to airworthiness directives issued by the State of Design, which is the country responsible for the design of the aircraft type. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the original directive. This ensures that Australian aircraft meet international safety standards. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of aircraft by developing or adopting appropriate requirements.
Failure to comply with airworthiness directives can lead to serious consequences. Although the specific offences and penalties for non-compliance are not detailed in the provided text, it is implied that such non-compliance would be subject to the regulatory enforcement powers available to CASA. These powers might include fines, enforcement notices, or other measures that ensure adherence to the mandated safety requirements. The seriousness of airworthiness issues means that any breach could potentially lead to severe civil or criminal penalties, although the exact nature and extent of these penalties would depend on the specific circumstances and applicable laws.
The issuing of ADs, such as AD/ERJ-190/17 for the Embraer ERJ-190 model aircraft, is a direct result of Australia’s international obligations under the Convention on International Civil Aviation. Since these directives are issued in response to actions by the relevant State of Design, there is no requirement for public consultation in the Australian context. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This streamlining is due to the urgent and critical nature of airworthiness issues, which necessitate swift and decisive regulatory action.