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 ENAC has issued AD 2008-01-04 affecting Embraer ERJ-190 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-190/8, 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 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 Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support its objectives, as seen in the case of airworthiness directives (ADs) issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, issued by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are particularly crucial as they ensure that the continuing airworthiness of aircraft is managed effectively, aligning with the responsibilities of both the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework enables CASA to respond to ADs issued by other nations, such as Brazil's AD 2008-01-04 concerning Embraer ERJ-190 aircraft, and subsequently issue Australian ADs to enforce necessary safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative framework is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These ADs, which are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, serve as crucial tools for maintaining the continuing airworthiness of aircraft. The ADs are issued in response to international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of an aircraft type. In this context, CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. For instance, following the issuance of Brazilian AD 2008-01-04 by the Brazilian National Civil Aviation Agency (ENAC) affecting Embraer ERJ-190 model aircraft, CASA has issued Australian AD/ERJ-190/8, which will take effect on 5 June 2008. Given the international nature of these directives and their basis in established conventions, no public consultation has been deemed necessary, and the Office of Best Practice Regulation has concluded that these ADs do not require a Regulatory Impact Statement. The ADs are made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003.
Under these provisions, CASA is obligated to assess and, if necessary, issue an Australian AD when the State of Design, such as Brazil for the Embraer ERJ-190, issues an AD. This is because the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and the State of Registry, such as Australia, must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. For instance, when the Brazilian National Civil Aviation Agency (ENAC) issued AD 2008-01-04 for the Embraer ERJ-190, CASA evaluated this directive and issued Australian AD/ERJ-190/8, which was set to become effective on 5 June 2008. Given that these ADs are issued in response to international obligations under the Convention on International Civil Aviation, and they do not require public consultation or a Regulatory Impact Statement, the process is streamlined to ensure timely compliance with international safety standards.
The issuance of ADs by CASA is governed by strict regulatory requirements, and failure to comply with these directives can have significant consequences. Although the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance with ADs, breaches of the Civil Aviation Act 1988 can lead to severe civil and criminal penalties. Non-compliance with airworthiness directives can result in enforcement actions, including fines and potential criminal charges, as the overarching aim is to maintain the highest safety standards in civil aviation. The specific penalties are determined on a case-by-case basis, reflecting the severity of the breach and its impact on aviation safety.