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 2007-11-02 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-190/7, which will become effective on 5 June 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, Airframe and Structures 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations in the interest of air navigation safety. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and are issued to ensure the continuing airworthiness of aircraft types, in line with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, is mandated to assess and, where appropriate, issue Australian ADs to comply with obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international commitments while maintaining the safety standards of its civil aviation sector.
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) to ensure the safety of air navigation in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, who then ensure the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to ADs from the State of Design. For instance, following the issuance of Brazilian AD 2007-11-02 concerning Embraer ERJ-190 series aircraft by the Brazilian National Civil Aviation Agency (ANAC), CASA issued Australian AD/ERJ-190/7, which took effect on 5 June 2008. Given the international obligations under the Convention on International Civil Aviation and the direct response to a State of Design AD, no public consultation was required for this AD, and it was determined that a Regulatory Impact Statement was unnecessary.
Key Provisions
The Civil Aviation Act 1988, in section 98, grants the Governor-General the authority to create regulations for the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. As per subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, according to section 6 of the Legislative Instruments Act 2003, they are considered legislative instruments. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Act on the entities it governs are significant. The State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, and must provide any necessary information to the appropriate State of Registry to ensure that the aircraft can maintain its airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. 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 this information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet the necessary safety standards set by the international community.
In terms of potential breaches and their consequences, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs within the provided text. However, the issuance of ADs is a stringent measure aimed at maintaining safety, and non-compliance could potentially lead to severe repercussions, including the grounding of aircraft, fines, or other regulatory actions imposed by CASA. While the specific penalties are not detailed in the text, the overarching intent is to ensure strict adherence to airworthiness directives to prevent any compromise in aviation safety.