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 2006-03-03R1 affecting Empresa Brasileira de Aeronáutica Embraer ERJ-190 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-190/2, which will become effective on 20 March 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 Acting 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 was enacted to ensure the safety of air navigation, and in this context, the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). These directives are legislative instruments that are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types registered in Australia. The authority to issue ADs stems from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to align with international standards set out in Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design and the State of Registry work in tandem to maintain airworthiness. In this particular instance, CASA has issued an Australian AD for the Embraer ERJ-190 series aircraft in response to an AD issued by the Brazilian ANAC, fulfilling Australia’s obligations under international conventions without necessitating public consultation. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, as per the authority granted under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products in the interest of air navigation safety. Under the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations. ADs serve as a primary mechanism for maintaining the ongoing airworthiness of aircraft types, in compliance with Annex 8 of the Convention on International Civil Aviation. This annex stipulates that the State of Design bears the responsibility for an aircraft type's continued airworthiness, necessitating the provision of relevant information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, must review ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. Exemptions and thresholds are determined by CASA based on the specific circumstances and safety considerations of each case.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interest of safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
Obligations under these regulations primarily rest on CASA, as the national airworthiness authority. When the State of Design, such as Brazil for the Embraer ERJ-190 series aircraft, issues an AD, CASA must evaluate the information provided and, if necessary, issue an Australian AD to ensure compliance with international standards. This process ensures that aircraft registered in Australia meet the continuing airworthiness requirements set forth by the Convention. Additionally, the State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to maintain the airworthiness of the aircraft in its registry.
Failure to comply with the airworthiness directives issued under these regulations can lead to significant consequences. The Civil Aviation Safety Regulations 1998 outline potential penalties for non-compliance. For instance, the regulations may impose fines, imprisonment, or both for violations. The specific penalties depend on the nature and severity of the offence, with maximum penalties varying based on the particular contravention. The enforcement of these regulations is crucial for maintaining the safety and integrity of the Australian aviation industry, ensuring that all aircraft operating within its jurisdiction adhere to the highest safety standards.