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 2006-11-03R2 affecting Empresa Brasileira de Aeronáutica 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-190/3, which will become effective on 27 March 2008.
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 Acting 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 regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive aviation laws that ensure public safety and meet international standards. This Act empowers the Governor-General to create regulations aimed at enhancing air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. Such directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The policy objective of the Act is to uphold high safety standards in air navigation and to facilitate international cooperation in aviation safety through the issuance of ADs that reflect global best practices.
In line with these objectives, the Civil Aviation Safety Regulations 1998 further detail the processes for issuing ADs, recognising them as legislative instruments that must comply with disallowance provisions. CASA, as Australia's national airworthiness authority, issues these directives to mandate safety requirements, particularly in response to directives from the State of Design, such as the recent AD issued for Embraer ERJ-190 series aircraft. This regulatory framework underscores the importance of international collaboration and adherence to global standards in ensuring the safety and airworthiness of aircraft operating in Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework applies to entities involved in the aviation industry, including aircraft manufacturers, operators, and other relevant stakeholders. The geographic reach of this legislation is national, as CASA is Australia's designated authority responsible for ensuring the continuing airworthiness of aircraft registered within the country. In line with international obligations under the Convention on International Civil Aviation, CASA issues ADs when necessary to comply with the requirements of the State of Design or State of Registry of a particular aircraft type. While ADs are legislative instruments and subject to disallowance, they are not subject to public consultation or the requirement for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. Instead, these directives are issued by CASA based on the assessment of international ADs and Australia's obligations under the Convention.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve as crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA acting on behalf of Australia, is also tasked with ensuring the ongoing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design, such as Brazil for the Embraer ERJ-190 series, issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to mandate the required safety measures.
CASA's role involves assessing the AD issued by the State of Design and issuing its own AD if deemed necessary, as seen with the Embraer ERJ-190 series. This process ensures compliance with Australia's international obligations under the Convention on International Civil Aviation. Notably, no public consultation is required for such ADs because they are issued in response to directives from the relevant State of Design. Furthermore, the Office of Best Practice Regulation has determined that these directives do not necessitate a Regulatory Impact Statement.
In terms of enforcement, section 84A(2) of the Act provides that CASA, through its Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, can issue ADs without the need for additional legislative scrutiny. These directives must be adhered to by all relevant parties to ensure compliance with safety regulations. Failure to comply with the requirements set out in an AD may result in significant civil and criminal consequences, including fines and potential imprisonment, as stipulated under the Act.