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 2007-02-01R2 affecting Embraer ERJ-170 series aeroplanes. Brazil is the State of Design for these aeroplanes. As a result CASA has amended the equivalent Australian AD to
AD/ERJ 170/10 Amendment 2 which will become effective on 24 September 2009. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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 safety of civil aviation in Australia, ensuring that air navigation is conducted in a safe and efficient manner. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, mandates that CASA may issue airworthiness directives for types of aircraft or aeronautical products to maintain the continuing airworthiness of aircraft. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901. The policy objective of this legislation is to align with international standards set by the Convention on International Civil Aviation, ensuring that the State of Registry, in this case CASA, adopts necessary requirements to maintain the airworthiness of aircraft registered in Australia.
The issuance of Airworthiness Directive AD/ERJ 170/10 Amendment 2 is a direct response to Airworthiness Directive 2007-02-01R2 issued by Brazil, the State of Design for Embraer ERJ-170 series aeroplanes. CASA, as Australia’s national airworthiness authority, has amended the Australian equivalent to mandate the requirements set by Brazil. This directive reflects Australia’s obligations under the Convention on International Civil Aviation and ensures compliance with international standards. Given that the directive is a response to an international requirement and does not necessitate public consultation, the Office of Regulatory Review has determined that a Regulatory Impact Statement is not required. The directive has been issued by CASA in accordance with the Civil Aviation Act 1988, ensuring the safety and continuing airworthiness of aircraft within the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia and those manufactured by entities that design aircraft types registered within Australia. The geographical scope of the Act is national, as CASA, the national airworthiness authority, must act in accordance with the directives issued by the State of Design and implement equivalent directives within Australia to maintain safety standards consistent with international agreements. ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued without public consultation and do not require a Regulatory Impact Statement as they are in response to international obligations and specific design state requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia, with key provisions outlined in sections 98 and 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft, and under subregulation 39.001(5), they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. 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 set by the State of Design. This ensures that Australian-registered aircraft meet the same safety standards as those set by the aircraft’s designer. For instance, following an AD issued by Brazil, the State of Design for Embraer ERJ-170 series aeroplanes, CASA issued an equivalent Australian AD, AD/ERJ 170/10 Amendment 2, effective from 24 September 2009.
Under these regulations, CASA is obligated to assess and, if necessary, mandate the requirements of ADs issued by the State of Design to ensure the continuing airworthiness of aircraft registered in Australia. This process involves CASA reviewing the information provided by the State of Design, determining its applicability and relevance to Australian conditions, and issuing a corresponding AD as required. The obligations also extend to ensuring that the AD is compliant with international standards and practices, thus maintaining Australia's adherence to the Convention on International Civil Aviation.
Breaches of airworthiness directives can lead to significant consequences. Failure to comply with an AD can result in severe penalties, including fines and potential criminal charges. Under the Civil Aviation Act 1988, penalties for non-compliance can include substantial monetary fines and imprisonment for individuals and corporations. These penalties underscore the importance of adhering to ADs to maintain the highest standards of aviation safety. The seriousness of these consequences highlights the critical role that CASA plays in ensuring that Australian-registered aircraft meet the necessary safety requirements.