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 Agência Nacional de Aviação Civil (ANAC) has issued AD
2007-08-03 affecting Empresa Brazilera de Aeronáutica S.A. Embraer ERJ 170 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/12, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. This Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, with one such regulation being the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. This legislative framework allows CASA to mandate Australian ADs in response to ADs issued by the States of Design, thereby fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure air navigation safety. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The authority to issue ADs stems from Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, mandating the provision of necessary information to States of Registry. In the context of Australian operations, CASA, as the national airworthiness authority, must review ADs issued by States of Design, such as the Brazilian Agência Nacional de Aviação Civil (ANAC), and may issue corresponding Australian ADs if necessary. For instance, following ANAC’s AD 2007-08-03 for Embraer ERJ 170 model aircraft, CASA issued Australian AD/ERJ-170/12, effective from 25 October 2007. These directives apply to aircraft registered in Australia and are not subject to public consultation or regulatory impact statements, as they align with international obligations and are issued in response to foreign ADs.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as outlined in regulation 39.001 of the Regulations. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. This is in line with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. The State of Design, in this case Brazil for the Embraer ERJ 170 model aircraft, issues ADs that CASA must assess and, if necessary, translate into Australian ADs to mandate compliance with the requirements in Australia. The State of Registry, which for Australian-registered aircraft is Australia, must also ensure the continuing airworthiness of the aircraft within its jurisdiction.
The obligations imposed by the Act and Regulations on CASA include the assessment of ADs issued by the State of Design, the issuance of corresponding Australian ADs if appropriate, and the enforcement of these ADs to ensure compliance. CASA must act in accordance with the obligations under international conventions and the specific requirements set out in the Civil Aviation Safety Regulations 1998. The AD issued by CASA, such as AD/ERJ-170/12, mandates certain actions that must be taken by the operators of the affected aircraft within a specified timeframe.
Breaches of the requirements set out in an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in penalties, including fines and potential imprisonment. The severity of the penalty depends on the nature and extent of the breach, but the Act provides for maximum penalties to ensure compliance with airworthiness standards. Additionally, failure to adhere to ADs can lead to the grounding of aircraft, impacting aviation safety and operational continuity.