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 has issued AD
2007-04-01R1 affecting Embraer ERJ 170 series aeroplanes. Brazil is the State of Design for ERJ 170 aeroplanes. CASA has assessed this AD and has issued Australian AD/ERJ-170/11 Amendment 1, which will become effective on 10 April 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 Acting Manager, Systems and New Technologies 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 Parliament of Australia, provides the legal framework for the regulation of civil aviation within Australia. This Act was introduced to address the need for comprehensive and effective governance of civil aviation to ensure safety, efficiency, and the orderly development of air transport services. One of its significant provisions allows the Governor-General to make regulations in the interest of air navigation safety, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are crucial for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards as outlined in international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing and implementing ADs issued by the States of Design, which are responsible for the airworthiness of specific aircraft types, and mandating these requirements for aircraft registered in Australia. This regulatory approach ensures that Australian aviation standards align with international best practices, thus enhancing the overall safety of air navigation.
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) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. These ADs, being disallowable instruments under section 46A of the Acts Interpretation Act 1901, are also legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, such as Brazil for Embraer ERJ 170 series aeroplanes, holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this airworthiness. CASA, as Australia's national airworthiness authority, must evaluate this information and, when necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. The issuance of these ADs is driven by Australia's commitments under the Convention on International Civil Aviation and is a direct response to ADs issued by the relevant State of Design, thus no public consultation is required. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. This particular AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) further delineates that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulation is supported by subregulation 39.001(5) of the CASR, which clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby categorising it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. In alignment with Annex 8 to the Convention on International Civil Aviation, the State of Design, such as Brazil for Embraer ERJ 170 series aeroplanes, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its continued airworthiness.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, is obligated to assess any airworthiness directives issued by a State of Design and, if deemed appropriate, issue an Australian AD to mandate the requirements. This ensures that Australian-registered aircraft meet international safety standards. For example, in response to AD 2007-04-01R1 issued by the Agência Nacional de Aviação Civil - Brazil, CASA issued Australian AD/ERJ-170/11 Amendment 1. This directive, which will become effective on 10 April 2008, replaces the previous issue. Given that this AD is issued in compliance with Australia's international obligations and in response to a directive from the State of Design, no consultation of the Australian public has been required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The issuance of airworthiness directives under the Civil Aviation Act 1988 imposes specific obligations on CASA and other entities governed by the Act. CASA must rigorously assess any ADs from the State of Design and determine their applicability to Australian-registered aircraft. If the AD is deemed necessary, CASA must issue a corresponding Australian AD, ensuring that the safety standards are maintained. Failure to comply with these obligations can lead to potential safety risks, as non-compliance with ADs can result in the grounding of affected aircraft. Additionally, CASA must ensure that all stakeholders, including aircraft operators and maintenance personnel, are informed of the new requirements and understand their responsibilities. Any breaches of these obligations may lead to civil or criminal consequences, including penalties for non-compliance with airworthiness directives. The severity of these penalties can vary depending on the nature and extent of the breach, with potential fines and imprisonment for serious violations.