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 issued AD 2007-03-01, affecting Embraer ERJ-170 aircraft. Brazil is the State of Design for this type. CASA has amended the equivalent Australian AD to correct an error in the original issue. The amended AD, AD/ERJ‑170/1 Amendment 1, will become effective on 27 September 2007. This AD cancels and replaces the previous issue.
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 was enacted to provide for the regulation of civil aviation and to ensure the safety and efficiency of air navigation within Australia. In line with the Act, the Civil Aviation Safety Regulations 1998 were established to further elaborate on the regulatory framework for aviation safety, including the issuance of airworthiness directives (ADs). Section 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, with such directives being considered disallowable instruments under the Acts Interpretation Act 1901. The policy objective underpinning these provisions is to maintain and enhance the safety of air navigation by ensuring that aircraft and aeronautical products remain airworthy through the enforcement of safety standards. In the context of international obligations under the Convention on International Civil Aviation, CASA is required to issue corresponding ADs when the State of Design issues such directives, thereby ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being 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 mandates that CASA can issue ADs for types of aircraft or aeronautical products, which are legislative instruments under section 46A of the Acts Interpretation Act 1901. These ADs are essential for maintaining the safety standards outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA must assess information from the State of Design and issue corresponding ADs to comply with international obligations and ensure safety. The issuance of such directives is a response to international ADs, such as the one issued by Brazil’s ANAC for Embraer ERJ-170 aircraft, and does not require public consultation or a Regulatory Impact Statement. This process ensures that Australian-registered aircraft meet necessary safety standards as determined by the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are intended to ensure the continued safety and airworthiness of aircraft registered in Australia, aligning with the overarching responsibility of the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. Under regulation 39.001(5), ADs are classified as disallowable instruments, subject to the scrutiny provided by section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities governed by these directives include the requirement for CASA to evaluate and respond to ADs issued by the State of Design, in this case, Brazil for Embraer ERJ-170 aircraft. CASA must then issue an Australian AD if necessary to enforce the requirements of the State of Design. The State of Registry, which in this scenario is Australia, must ensure that the aircraft comply with the continuing airworthiness requirements stipulated in the AD. This involves implementing the necessary modifications or checks on the aircraft to meet the safety standards set forth in the directive.
The consequences for non-compliance with an airworthiness directive can be severe, involving both civil and criminal penalties. Under the Civil Aviation Act 1988, failure to comply with an AD can result in significant fines and potential imprisonment. The specific penalties are not detailed in the provided text, but the gravity of non-compliance is underscored by the legislative framework that mandates such directives. The safety and regulatory authorities have the power to enforce these directives, and any breaches may lead to enforcement actions, including the grounding of non-compliant aircraft. This stringent approach ensures that the high safety standards set forth in international civil aviation conventions are upheld.