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 ENAC has issued AD 2007-02-01 affecting Embraer ERJ 170 series aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ 170/10 which will become effective on 7 June 2007.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, serves to govern the safety and regulation of civil aviation within Australia. It empowers the Governor-General to create regulations that ensure the safety of air navigation, and it delegates the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products as per the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments, are instrumental in maintaining the continuing airworthiness of aircraft types and are issued in alignment with international standards set by the Convention on International Civil Aviation. This legislation addresses the need for consistent and internationally compliant safety measures in civil aviation, ensuring that aircraft registered in Australia meet necessary safety standards.
The problem this legislation seeks to address is the maintenance of safety standards in civil aviation, particularly through the harmonisation of airworthiness directives with international standards. By allowing CASA to issue ADs based on assessments of directives from the State of Design, the Act ensures that Australian-registered aircraft comply with necessary safety measures. The policy objective is to uphold the safety and reliability of air navigation, ensuring that all aircraft meet stringent airworthiness standards, thus safeguarding public safety and fostering international cooperation in aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to ensuring the ongoing airworthiness of aircraft and are legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 underpins these regulations, with section 98 allowing the Governor-General to make regulations for the safety of air navigation. ADs are typically issued in response to safety concerns identified by the State of Design, and CASA, as Australia's national airworthiness authority, must assess and, where appropriate, issue corresponding ADs to align with international standards under Annex 8 to the Convention on International Civil Aviation. This process ensures that Australian-registered aircraft meet continuing airworthiness standards. As the ADs are mandated by international conventions and are not subject to public consultation or a Regulatory Impact Statement, CASA issues them in compliance with section 84A(2) of the Act, ensuring that Australian civil aviation remains in line with global safety protocols.
Key Provisions
The Civil Aviation Act 1988 (the "Act") empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98, 39.001). These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6), and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. Essentially, ADs serve as the primary means by which states communicate continuing airworthiness information regarding aircraft types. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. In the case of the Embraer ERJ 170 series aircraft, Brazil as the State of Design issued AD 2007-02-01, prompting CASA to issue its own Australian AD/ERJ 170/10, effective from 7 June 2007.
The obligations imposed by these regulations require CASA to assess information from the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. CASA must act promptly to evaluate and respond to foreign ADs, particularly those issued by the State of Design, to maintain the continuing airworthiness of aircraft registered in Australia. This involves a thorough review process to determine the applicability and necessity of implementing the AD within the Australian regulatory framework. Additionally, CASA is mandated to ensure that all ADs issued are consistent with Australia's obligations under the Convention on International Civil Aviation and are designed to enhance the safety of air navigation.
Failure to comply with an AD can result in serious consequences, as outlined in the Civil Aviation Act 1988. Non-compliance may lead to enforcement actions, including fines and potential prosecution. Specifically, under section 253 of the Act, any person who contravenes an AD is liable to a fine not exceeding the prescribed amount, which can be substantial, reflecting the gravity of compromising air safety. Furthermore, continued non-compliance could lead to the grounding of the affected aircraft, thereby preventing it from operating until the necessary compliance measures are implemented. These penalties underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.