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 2009-08-02 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-190/23, which will become effective on
22 October 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, Initial Airworthiness in the Airworthiness and Engineering Branch, 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 legal framework governing civil aviation in Australia. This Act aims to ensure the safety and efficiency of air navigation, delegating regulatory powers to the Civil Aviation Safety Authority (CASA). One of the critical mechanisms through which CASA exercises its regulatory authority is the issuance of airworthiness directives (ADs), as outlined in the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind the ADs is to harmonise Australia's aviation safety standards with those of other ICAO Contracting States, ensuring global uniformity in airworthiness requirements. The Civil Aviation Safety Regulations 1998 empower CASA to issue ADs in response to directives from the State of Design, which, in the case of the Embraer ERJ-190 model aircraft, is Brazil. Consequently, CASA has issued Australian AD/ERJ-190/23, which reflects the requirements set by the Brazilian Civil Aviation Authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are issued to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, which in the case of Embraer ERJ-190 aircraft is Brazil, has the primary responsibility for providing necessary information to maintain airworthiness, and CASA, as the national airworthiness authority, assesses this information and issues Australian ADs when necessary. The ADs are developed in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation, and do not require public consultation or a Regulatory Impact Statement. The AD for the Embraer ERJ-190 model aircraft, issued by CASA as AD/ERJ-190/23, was made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch and will become effective on 22 October 2009.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, specifically regarding the issuance of airworthiness directives (ADs) (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003 (subregulation 39.001(5)). The issuing of these directives is integral to maintaining the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include the responsibility of the State of Design to provide necessary information for ensuring the continuing airworthiness of aircraft types and the State of Registry to develop or adopt requirements for maintaining such airworthiness. Specifically, when a State of Design issues an AD, CASA must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all aircraft registered in Australia meet international safety standards. The State of Registry, in this case CASA, must also ensure compliance with any ADs issued by the State of Design.
Failure to comply with an AD can result in serious civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties, including fines and imprisonment. The exact penalties depend on the severity of the violation and the specific provisions of the Act and Regulations. Additionally, operating an aircraft that does not comply with applicable ADs can result in the aircraft being deemed unairworthy, which can lead to grounding of the aircraft and potential prosecution under the Act. The potential penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.