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 2008-10-06 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-190/18, which will become effective on 15 January 2009.
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& Structures 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. This is essential to meet Australia's obligations under the Convention on International Civil Aviation, where the State of Design holds responsibility for providing continuing airworthiness information to the States of Registry. The ADs are a critical tool in this process, ensuring that aircraft remain safe and airworthy. Given the international nature of these directives, and their specific technical requirements, public consultation is not mandated for their issuance. Instead, CASA issues ADs in alignment with international standards and directives, such as the AD/ERJ-190/18 issued in response to a Brazilian AD affecting the Embraer ERJ-190 model aircraft, demonstrating the collaborative approach to maintaining global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The ADs are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for providing necessary information. Australia, as a State of Registry, must adopt these directives and issue corresponding Australian ADs. For instance, CASA issued AD/ERJ-190/18 in response to Brazil’s AD 2008-10-06 for Embraer ERJ-190 model aircraft, effective from 15 January 2009. The issuance of such ADs is a direct consequence of international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are developed by CASA’s Airworthiness Engineering Group, reflecting Australia’s commitment to maintaining safety standards in civil aviation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are critical for maintaining the airworthiness of aircraft and ensuring safety standards are met. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA acting on behalf of Australia, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that all aircraft registered in Australia meet the international safety standards set forth by the International Civil Aviation Organization (ICAO). Specifically, when Brazil, the State of Design for the Embraer ERJ-190 model, issued AD 2008-10-06, CASA evaluated this directive and subsequently issued Australian AD/ERJ-190/18, effective from 15 January 2009.
Failure to comply with the requirements set out in an AD can lead to significant consequences. While the specific penalties are not detailed in the provided text, the seriousness of airworthiness directives implies that non-compliance can result in civil or criminal penalties. Such penalties may include fines, imprisonment, or other sanctions depending on the severity of the breach. The regulatory framework ensures that all parties adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.