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 these aircraft. CASA has amended the equivalent Australian AD to AD/ERJ 170/1 Amendment 2 which will become effective on 25 October 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, Systems 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 establish a comprehensive legal framework governing civil aviation activities in Australia, addressing the need for a unified set of regulations to ensure the safety and efficiency of air navigation. The Act provides the authority for the issuance of regulations, including airworthiness directives, under section 98, with the overarching goal of maintaining high safety standards. The Civil Aviation Safety Regulations 1998 further detail the requirements for issuing such directives, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to mandate airworthiness directives for specific types of aircraft or aeronautical products. This legislative mechanism is crucial for fulfilling Australia’s international obligations under the Convention on International Civil Aviation, specifically concerning the continuing airworthiness of aircraft types as stipulated in Annex 8. CASA, as Australia’s national airworthiness authority, issues these directives to align with the directives issued by the aircraft's State of Design, ensuring that all aircraft registered in Australia meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, subject to disallowance and laid pursuant to the Legislative Instruments Act 2003. The ADs are intended to mandate continuing airworthiness requirements and are aligned with the responsibilities of the State of Design and State of Registry as per Annex 8 of the Convention on International Civil Aviation. In the case of aircraft designed by a foreign state, such as the Embraer ERJ-170 by Brazil, CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by CASA under the authority of the Act and reflect the international obligations of Australia under the Convention on International Civil Aviation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act grants the Governor-General the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure the continuing airworthiness of aircraft registered in Australia. Specifically, when the State of Design—the country responsible for the design of the aircraft—issues an AD, CASA must assess this information and, if deemed appropriate, issue a corresponding Australian AD. This process ensures that the safety standards and maintenance requirements outlined by the State of Design are adopted in Australia. The State of Registry, which is Australia in this context, must also develop or adopt requirements that align with international standards to maintain the airworthiness of aircraft registered within its jurisdiction.
The Brazilian civil aviation authority, ANAC, issued AD 2007-03-01, affecting Embraer ERJ-170 aircraft, given that Brazil is the State of Design. CASA has responded by amending the equivalent Australian AD to AD/ERJ 170/1 Amendment 2, which will take effect on 25 October 2007. This amendment cancels and replaces the previous AD, ensuring that Australian standards remain consistent with international obligations.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for non-compliance with ADs. However, under general aviation law, failure to comply with ADs could potentially lead to severe consequences, including grounding of the aircraft, fines, and possibly criminal charges depending on the severity of the non-compliance and its impact on aviation safety. The exact penalties would be determined by relevant aviation authorities and courts based on the specific circumstances of the breach.