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 2007-04-01 affecting Embraer ERJ 170 aircraft. Brazil is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/ERJ-170/11 which will become effective on 5 July 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 was enacted to establish and maintain a regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act provides the legislative basis for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to mandate specific requirements for the continuing airworthiness of aircraft and aeronautical products. Such directives are critical in ensuring compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The problem this legislation addresses is the need for a robust mechanism to enforce airworthiness standards consistently with international obligations, particularly when the State of Design issues directives that need to be adopted by the State of Registry, in this case Australia. The policy objective is to harmonise Australian regulations with international standards to maintain the highest levels of aviation safety. The ADs are issued by CASA in accordance with the Act, reflecting Australia’s commitment to international civil aviation safety protocols.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as an instrument of the Civil Aviation Act 1988, apply to all aircraft registered in Australia and any aeronautical products used in or on these aircraft, ensuring their continued airworthiness. This regulation is pertinent to entities such as aircraft manufacturers, operators, and maintenance organisations that must comply with airworthiness directives issued by the Civil Aviation Safety Authority (CASA). Geographically, these regulations apply within Australian jurisdiction, although they are influenced by international standards set forth by the International Civil Aviation Organization (ICAO). Under the Convention on International Civil Aviation, the State of Design of an aircraft bears the responsibility for its continuing airworthiness and must provide necessary information to the State of Registry, which in Australia's case is CASA. When a State of Design issues an airworthiness directive, CASA is mandated to review and, if necessary, issue a corresponding Australian directive. Notably, this process does not require public consultation or a Regulatory Impact Statement, as these directives are made in response to international obligations and pre-existing foreign directives.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, as a legislative instrument, for specific types of aircraft or aeronautical products. This is in accordance with section 98 of the Civil Aviation Act 1988 and Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an AD, such as AD 2007-04-01 from the Agência Nacional De Aviação Civil - Brazil for Embraer ERJ 170 aircraft, CASA must assess the information and, if appropriate, issue an Australian AD to ensure the aircraft’s continuing airworthiness. In this case, CASA issued Australian AD/ERJ-170/11, effective from 5 July 2007.
The Act imposes several obligations on parties and entities it governs. Firstly, the State of Design, such as Brazil for Embraer ERJ 170 aircraft, is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. Secondly, the State of Registry, such as Australia for an aircraft on the Australian Register, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures.
Breaching the provisions of the ADs may lead to significant civil and criminal consequences. Firstly, failure to comply with an AD can result in the grounding of the affected aircraft, preventing it from being used for commercial or private flight operations until the required actions are taken. Secondly, operators who do not adhere to ADs may face legal penalties. Under the Civil Aviation Act 1988, CASA can issue a direction to an operator to address non-compliance, which, if ignored, may lead to further enforcement actions. Additionally, operators may be liable for civil suits if non-compliance with ADs results in accidents or incidents, leading to potential claims for damages from affected parties. It is essential for operators to adhere to ADs to maintain airworthiness and avoid these severe consequences.