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 2006-11-03R3 affecting Embraer ERJ 190 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-190/3, Amendment 1, which will become effective on 18 June 2008. This AD cancels and replaces the previous issue.
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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety of air navigation among other objectives. This Act empowers the Governor-General to make regulations for the Act's purposes, particularly in relation to the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 outline the procedures and responsibilities of the Civil Aviation Safety Authority (CASA) in maintaining airworthiness standards, including the ability to issue airworthiness directives (ADs). These ADs are crucial legislative instruments aimed at maintaining the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to enforce necessary safety measures on aircraft registered in Australia. The issuance of Australian AD/ERJ-190/3, Amendment 1, in response to Brazilian AD 2006-11-03R3, exemplifies this process and underscores Australia's commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These ADs apply to specified types of aircraft or aeronautical products and are designed to maintain the airworthiness of aircraft as required by international standards, specifically under Annex 8 of the Convention on International Civil Aviation. The ADs are issued in response to continuing airworthiness information provided by the State of Design and mandate requirements that must be complied with by the State of Registry, which, in the case of Australia, is CASA. The ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are issued by CASA as Australia’s national airworthiness authority. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, given their international obligations and specific nature. The issuance of such ADs is pursuant to the powers granted under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, and is executed by authorised personnel within CASA, in accordance with the legislative requirements.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are formal instructions issued to ensure the safety and airworthiness of aircraft. As indicated in subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, therefore, are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by all relevant parties.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design for a type of aircraft holds the overarching responsibility for the continuing airworthiness of that aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the aircraft's airworthiness to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design for aircraft registered in Australia.
The obligations of CASA under these regulations include assessing the airworthiness directives issued by the State of Design and issuing corresponding Australian ADs when appropriate. For instance, in response to the Brazilian AD 2006-11-03R3 affecting Embraer ERJ 190 model aircraft, CASA issued Australian AD/ERJ-190/3, Amendment 1, which became effective on 18 June 2008. This AD replaced the previous issue and is issued under Australia's obligations under the Convention on International Civil Aviation.
The consequences of non-compliance with airworthiness directives are significant. Failure to adhere to an AD can result in severe penalties, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance can lead to substantial fines and imprisonment. The specific penalties depend on the severity of the non-compliance and the impact on aviation safety. CASA has the authority to enforce these directives and take appropriate action against entities that fail to comply, ensuring that all aircraft meet the required safety standards.