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 2008-11-01 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-190/19, which will become effective on
12 February 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 acting 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 for the safety of air navigation and the regulation of civil aviation in Australia. It grants the Governor-General the power to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as a legislative instrument and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective is to ensure the continuing airworthiness of aircraft by aligning Australian regulations with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This Act was introduced to address the need for consistent and enforceable safety standards in civil aviation, ensuring that all aircraft operating in Australia meet required safety benchmarks.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, establish the framework under which airworthiness directives (ADs) are issued in Australia. These ADs apply to all aircraft registered in Australia, regardless of the aircraft's nationality or the nationality of its operator. The scope of these regulations encompasses various entities, including aircraft manufacturers, operators, and maintenance providers, ensuring that they comply with safety standards and airworthiness requirements. ADs are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, and are mandated to maintain the safety of air navigation as outlined in the Civil Aviation Act 1988. The geographic reach of these regulations is national, with CASA responsible for ensuring that all aircraft registered within Australia meet international safety standards set forth by the International Civil Aviation Organization (ICAO). These regulations extend their application through subordinate instruments, such as specific ADs, which are made under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the Act and its subordinate instruments provide a broad framework for ensuring airworthiness, certain exclusions and exemptions may apply, particularly in relation to specific types of aircraft or operations, but these are typically detailed in individual ADs or other regulatory instruments.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Specifically, 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. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall within the definition of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and its regulations are multifaceted. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This is mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia's national airworthiness authority, has the responsibility to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. This process ensures that the safety standards are consistently applied across all aircraft within Australia.
Failure to comply with the ADs can lead to significant consequences. While the Civil Aviation Act 1988 does not explicitly outline specific offences or penalties within the provided text, non-compliance with ADs can result in severe legal and safety repercussions. The overarching intent of these regulations is to ensure that aircraft remain airworthy, and thus, any breach of these directives can potentially lead to both civil and criminal liabilities. The consequences could include fines, suspension or revocation of aircraft certificates, and in severe cases, criminal charges against the aircraft operator or relevant personnel.
The AD issued by CASA in response to the Brazilian AD 2008-11-01 affecting Embraer ERJ-190 model aircraft is an example of the application of these provisions. CASA, after assessing the information from the Brazilian National Civil Aviation Agency (ANAC), has issued AD/ERJ-190/19, which will become effective on 12 February 2009. This process highlights the collaborative nature of international aviation safety, where States work together under the Convention on International Civil Aviation to maintain high safety standards. Given the international nature of this AD, and its alignment with international obligations, no public consultation was deemed necessary, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.