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 Agência Nacional De Aviação Civil - Brazil issued AD 2007-02-01R1, affecting Embraer ERJ 170 aircraft. Brazil is the State of Design for this type. CASA has amended the equivalent Australian AD to AD/ERJ-170/10 Amendment 1 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, enacted by the Commonwealth Parliament, was designed to ensure the safety and efficiency of civil aviation in Australia. This Act grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, to maintain the safety of aircraft. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. The policy objective of these provisions is to align Australian civil aviation practices with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, ensuring the continuing airworthiness of aircraft and harmonising safety measures across contracting states.
In line with these objectives, CASA issued AD/ERJ-170/10 Amendment 1, responding to an airworthiness directive issued by Brazil, the State of Design for Embraer ERJ 170 aircraft. This action underscores Australia's commitment to international civil aviation safety standards and its obligation to implement necessary safety measures based on directives from the aircraft's State of Design. The AD was issued without public consultation as it directly responds to an international safety directive, and it was determined that a Regulatory Impact Statement was not required. This approach ensures that CASA can promptly address safety concerns and maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments that adhere to the legislative framework provided by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. Such directives are essential for maintaining the continuing airworthiness of aircraft, in accordance with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. CASA, acting on behalf of Australia, must assess and implement ADs issued by the State of Design, ensuring compliance with international standards. In the instance of AD 2007-02-01R1 issued by Brazil regarding Embraer ERJ 170 aircraft, CASA issued an amended Australian AD to mandate the requirements, reflecting Australia's obligations under the Convention and negating the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are primarily on CASA, as Australia’s national airworthiness authority, and on the States of Design and Registry. The State of Design, which in this case is Brazil for the Embraer ERJ 170 aircraft, is responsible for ensuring the continuing airworthiness of the aircraft type and providing necessary information to the States of Registry. The State of Registry, which for Australian-registered aircraft is CASA, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an equivalent Australian AD to enforce the requirements specified by the State of Design.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Non-compliance with an AD is considered a breach of the Civil Aviation Safety Regulations 1998. Such breaches can result in both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties may be imposed, including imprisonment. The exact penalties depend on the nature and severity of the breach, but the regulations provide a clear framework to ensure that all parties adhere to the safety standards set forth to protect air navigation.