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 2009-04-02 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-190/21, which will become effective on 2 July 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, enacted by the Commonwealth Parliament, serves as the foundational legislation governing aviation safety and regulation in Australia. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives. In line with the policy objective of ensuring the safety and continuing airworthiness of aircraft, the Civil Aviation (Airworthiness Directives) Instrument 2009 (F2009L02197) was introduced to address the need for harmonising international aviation safety standards, particularly in response to directives issued by the State of Design for aircraft types registered in Australia. The instrument is a legislative measure under the authority granted by the Civil Aviation Act 1988 and is aimed at fulfilling Australia's obligations under the Convention on International Civil Aviation, thereby maintaining the integrity of Australia's civil aviation safety regime.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific kinds of aircraft or aeronautical products, with these directives being considered disallowable instruments as per the Acts Interpretation Act 1901. This legislative framework is rooted in Australia's commitment to the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and mandates that States of Registry implement requirements to maintain this airworthiness. Consequently, CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to enforce these requirements. For instance, following the Brazilian National Civil Aviation Agency's issuance of AD 2009-04-02 concerning Embraer ERJ-190 model aircraft, CASA issued Australian AD/ERJ-190/21, effective from 2 July 2009. Given the international obligations and the direct response to a State of Design AD, this process does not involve public consultation or a Regulatory Impact Statement. The AD is formally issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as a means to ensure the safety of air navigation. These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. A notable example of such an AD is the Australian AD/ERJ-190/21, which CASA issued in response to a Brazilian AD (2009-04-02) concerning the Embraer ERJ-190 model aircraft. The AD/ERJ-190/21, effective from 2 July 2009, mandates certain requirements for the continued safe operation of this aircraft type in Australia, reflecting Australia's commitment to international safety standards and its obligations under the Convention on International Civil Aviation.
The obligations imposed by these regulations on the parties involved, primarily CASA and aircraft operators, are significant. CASA, as the national airworthiness authority, must meticulously assess any foreign ADs affecting aircraft types on the Australian Register and decide whether to issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet the safety standards required by international conventions and agreements. Meanwhile, aircraft operators must comply with all ADs applicable to their aircraft, ensuring that any specified maintenance, repair, or operational changes are implemented as mandated. Failure to adhere to these requirements can lead to serious safety risks, underscoring the critical nature of these obligations.
The issuance of ADs and the compliance requirements they impose carry potential legal and safety consequences. For CASA, failing to issue an AD when required under international agreements can result in significant safety risks, potentially leading to accidents or incidents. For aircraft operators, non-compliance with ADs can result in severe penalties, including fines and the grounding of aircraft. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to criminal charges, with maximum penalties for individuals being significant fines and imprisonment. For corporations, the fines can be even higher, reflecting the serious nature of non-compliance with airworthiness directives. These legal and safety consequences underscore the importance of adhering to ADs and ensuring the continuing airworthiness of aircraft.