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 2007-03-01R1 affecting Embraer ERJ-170 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-170/1, Amendment 3, which will become effective on 31 July 2008. 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, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations under section 98, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process and authority for CASA to issue such directives under regulation 39.001. These directives, as legislative instruments, serve to mandate the requirements for the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8. In this context, CASA, as Australia’s national airworthiness authority, must respond to directives issued by the aircraft’s State of Design to ensure compliance and safety standards are maintained.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all aircraft types registered in Australia, as well as to aeronautical products that fall under the jurisdiction of CASA. The authority to issue ADs is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which mandates CASA to issue such directives for specific kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are formal legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework extends to ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, is tasked with issuing Australian ADs in response to ADs issued by the relevant State of Design to maintain the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs apply to specific kinds of aircraft or aeronautical products and are legislative instruments under the Legislative Instruments Act 2003. The State of Design, in this case Brazil, has issued AD 2007-03-01R1 for the Embraer ERJ-170 model aircraft, which CASA has assessed and subsequently issued as Australian AD/ERJ-170/1, Amendment 3, effective from 31 July 2008. This AD replaces the previous one. Given that this AD stems from Australia’s obligations under the Convention on International Civil Aviation and in response to the Brazilian State of Design’s AD, no public consultation was required, and a Regulatory Impact Statement is not mandated.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties governed by the ADs. Firstly, the State of Design is responsible for the continuing airworthiness of the aircraft type, providing necessary information to the States of Registry. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements. CASA, as outlined in section 84A(2) of the Civil Aviation Act 1988, must ensure compliance with these directives to maintain safety standards. The AD mandates specific actions, such as inspections, repairs, or modifications, which must be completed within a stipulated timeframe to ensure the aircraft remain airworthy.
Breach of the requirements outlined in the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can result in both civil and criminal penalties. Civil penalties may include fines, and in severe cases, aircraft may be grounded until compliance is achieved. Criminal penalties can be imposed for more serious breaches, including imprisonment. The exact penalties depend on the severity of the breach, with potential maximum penalties including substantial fines and imprisonment terms as specified in the relevant sections of the Civil Aviation Act 1988. Compliance with ADs is thus critical to avoid these severe repercussions.