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 2006-05-07 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-190/6, 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 by the Parliament of Australia, was established to regulate the safety, efficiency and orderly development of civil aviation in Australia. It provides the legal framework for ensuring that civil aviation activities in Australia are conducted in a manner that safeguards public safety and national security. The Act also establishes the Civil Aviation Safety Authority (CASA) as the national airworthiness authority, responsible for ensuring the continuing airworthiness of aircraft registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The ADs serve to mandate specific requirements for the maintenance, repair, and operation of aircraft to ensure their continuing airworthiness. The policy objective is to align with international standards and ensure the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under this framework, CASA can issue ADs for specific types of aircraft or aeronautical products, as authorised by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as specified in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. This process is guided by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, assesses and, if necessary, issues Australian ADs in response to ADs issued by States of Design, ensuring compliance with international standards and obligations. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, and they are promulgated by CASA in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal mandates aimed at ensuring that aircraft maintain their airworthiness standards. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, and subregulation 39.001(5) confirms their disallowable status under section 46A of the Acts Interpretation Act 1901.
Compliance with these ADs is mandatory for the parties and entities they govern, primarily focusing on the State of Registry for individual aircraft. This responsibility includes ensuring that all necessary information and requirements to maintain airworthiness are adhered to. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, which necessitates the provision of pertinent information to the States of Registry. CASA, as Australia's national airworthiness authority, plays a crucial role in this framework by assessing information from the State of Design and issuing Australian ADs when necessary.
Failure to comply with ADs can result in serious legal consequences. The Act does not explicitly detail the specific offences, penalties, or civil/criminal consequences for non-compliance with ADs; however, general regulatory breaches under the Civil Aviation Act 1988 can lead to significant penalties. Offences related to airworthiness and safety can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as the provisions of other related legislation.
Given the international nature of airworthiness directives, the issuance of ADs such as AD/ERJ-190/6 by CASA often does not involve public consultation, as these directives are issued in response to international obligations and assessments by the relevant State of Design. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process for issuing necessary safety mandates. The AD/ERJ-190/6, issued by CASA in response to the Brazilian ANAC's AD 2006-05-07, exemplifies this process and underscores the importance of international cooperation in maintaining aviation safety standards.