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 2009-02-03 affecting 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-190/20, which will become effective on
7 May 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, Systems and New Technologies 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 regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for ADs, specifying that they are legislative instruments that can be issued by the Civil Aviation Safety Authority (CASA). These directives are critical as they align with international standards under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations to maintain the safety of aircraft operating within its jurisdiction. The ADs are issued in response to identified safety issues by the State of Design and are mandated by CASA to ensure that all aircraft registered in Australia comply with the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products under section 39.001. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations apply to entities such as aircraft manufacturers, operators, and regulatory authorities involved in the design, maintenance, and operation of aircraft within Australia. The geographic reach of these regulations is national, with CASA acting as Australia's national airworthiness authority. ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to ensure continuing airworthiness. The ADs mandate the requirements of the State of Design and are applicable to aircraft registered in Australia. Exemptions or thresholds for specific ADs are determined on a case-by-case basis by CASA, with no public consultation required as per the Office of Best Practice Regulation’s determination. Subordinate instruments may further extend or restrict the application of these regulations.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (section 39.001) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to ensure the safety of air navigation, aligning with the overarching goals of the Civil Aviation Act 1988 (section 98). Regulation 39.001(5) further clarifies that such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, in accordance with section 6 of the Legislative Instruments Act 2003, are classified as legislative instruments. An example of this is the AD issued for the Embraer ERJ-190 series aircraft, which has been assessed by CASA and will take effect on 7 May 2009.
The obligations imposed on the parties governed by this legislation include ensuring that aircraft and aeronautical products meet the continuing airworthiness standards set by CASA. This involves adhering to the ADs issued by CASA, which are based on assessments of information provided by the State of Design and other ICAO Contracting States. For instance, the State of Design, in this case Brazil, has an obligation to provide necessary information to maintain the airworthiness of the aircraft type. CASA, as the national airworthiness authority, must assess this information and issue appropriate ADs to mandate the necessary safety requirements. The State of Registry, in this case Australia, is responsible for the continuing airworthiness of individual aircraft registered within its territory and must ensure compliance with CASA’s ADs.
Failing to comply with ADs can lead to significant civil or criminal consequences. Under the Civil Aviation Act 1988, penalties for non-compliance with ADs can include fines and imprisonment. The specific maximum penalties are not detailed in the provided text, but typically, civil penalties can include fines up to a certain monetary limit, while criminal penalties can include imprisonment for individuals responsible for the non-compliance. The seriousness of the consequences underscores the importance of adhering to the ADs to maintain the safety standards required in the aviation industry.