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 2007-12-02 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 190/24, which will become effective on
19 November 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, Continuing 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, addresses various aspects of civil aviation safety, including the regulation of airworthiness and the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations under section 98, facilitating the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide the framework for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. This legislative framework mandates CASA to assess and, if necessary, issue Australian airworthiness directives in response to directives from the State of Design, thereby maintaining safety standards consistent with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the authority for the issuance of airworthiness directives (ADs), which are legislative instruments made to ensure the safety of air navigation. These directives apply to specific types of aircraft and aeronautical products and are mandated by the Civil Aviation Safety Authority (CASA) in Australia. The ADs are issued in response to the continuing airworthiness requirements set out in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of aircraft types. Consequently, when an AD is issued by a foreign State of Design, such as Brazil's ANAC for Embraer ERJ 190 model aircraft, CASA is required to assess and, if necessary, issue an Australian AD to enforce the specified requirements. This process ensures compliance with international standards and maintains the safety of air navigation within Australia. The issuance of these directives does not involve public consultation or require a Regulatory Impact Statement, as they are issued pursuant to Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to create regulations to ensure air navigation safety (section 98). One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as defined by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and it is subject to disallowance under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. According to this annex, the State of Design is responsible for ensuring the airworthiness of an aircraft type and must provide necessary information to the States of Registry. Consequently, the State of Registry is tasked with developing or adopting requirements to maintain the continuing airworthiness of the aircraft on their register.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia's national airworthiness authority, must review any airworthiness directives issued by the State of Design. This review process involves assessing the information provided by the State of Design and determining whether an Australian AD is necessary to enforce the requirements for aircraft registered in Australia. For instance, the Brazilian National Civil Aviation Agency (ANAC) issued AD 2007-12-02 concerning the Embraer ERJ 190 model aircraft. As Brazil is the State of Design, CASA assessed the directive and subsequently issued Australian AD/ERJ 190/24, effective from 19 November 2009.
Given that the ADs are issued in compliance with Australia’s international obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, no public consultation has been conducted on these ADs. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, acting on behalf of CASA, issued this AD in accordance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance, while the explanatory statement does not explicitly detail specific offences or penalties, it is implicit that failure to comply with ADs could result in significant safety risks and potential legal repercussions. Regulatory non-compliance could lead to civil or criminal penalties, depending on the severity and impact of the breach. The specific penalties for non-compliance with airworthiness directives are not detailed in the provided text but are generally stringent, reflecting the critical nature of aviation safety regulations.