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 2006-05-03 affecting Model ERJ-190 aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-190/5, which will become effective on 8 May 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation in Australia, provides the legislative framework for the issuance of airworthiness directives (ADs). The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The ADs are considered legislative instruments, subject to disallowance, and are issued without public consultation due to their alignment with international standards and the State of Design’s directives. The ADs are mandated to ensure compliance with safety standards, reflecting Australia’s commitment to international civil aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) holding the authority to issue such directives under regulation 39.001. These ADs apply to specific kinds of aircraft or aeronautical products and are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The geographic reach of these regulations extends nationally, with CASA acting as the national airworthiness authority for Australia. The ADs must be issued in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft types. This regulatory framework ensures that ADs are issued in response to continuing airworthiness information provided by the State of Design and mandates the adoption of such directives by the State of Registry, in this case, CASA for Australia. The process does not involve public consultation as it is governed by international obligations, and a Regulatory Impact Statement is deemed unnecessary by the Office of Regulatory Review. The ADs are issued by authorised personnel within CASA, ensuring compliance with the legislative requirements set out in the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 (the Regulations) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are legally binding requirements aimed at ensuring the continuing airworthiness of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by the relevant parties.
The obligations imposed by these ADs primarily rest on the State of Design, which is responsible for providing information necessary for the continuing airworthiness of aircraft types. In the context of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs. For instance, in the case of the Brazilian ANAC's AD 2006-05-03 concerning the ERJ-190 aircraft, CASA assessed the directive and issued Australian AD/ERJ-190/5, which is set to become effective on 8 May 2008. Furthermore, the State of Registry, which in this case would be the entity registering the aircraft in Australia, is obliged to ensure the continuing airworthiness of the aircraft in accordance with the requirements set out in the ADs.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline potential consequences for non-compliance with ADs. Although specific penalties are not detailed in the text, failure to adhere to ADs could result in severe civil and criminal penalties. Such non-compliance could potentially lead to significant safety risks, resulting in enforcement actions by CASA or other regulatory bodies. It is important to note that the authority to issue ADs and the enforcement of these directives are rooted in the overarching goal of ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988.