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 has issued AD 2007-11-01 affecting Embraer ERJ 170 series aeroplanes. Brazil is the State of Design for this aeroplane. CASA has assessed this AD and has issued Australian AD/ERJ-170/15, which will become effective on 8 May 2008.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process for issuing these directives, which are legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure compliance with international safety standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework enables the Civil Aviation Safety Authority (CASA) to act on ADs issued by the State of Design, ensuring that Australian aircraft meet the necessary safety requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments that mandate safety requirements in the interests of air navigation safety, as stipulated under section 98 of the Civil Aviation Act 1988. The ADs, such as AD/ERJ-170/15 issued for Embraer ERJ 170 series aeroplanes, are formulated in response to airworthiness directives from the aircraft's State of Design, in this case Brazil, and reflect Australia's commitment under the Convention on International Civil Aviation. The State of Registry, in this instance CASA, is responsible for ensuring the continuing airworthiness of the aircraft within its jurisdiction. Given the international nature of these directives and their alignment with ICAO standards, no public consultation or Regulatory Impact Statement is required under the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901. These ADs are critical for maintaining safety standards and ensuring compliance across the Australian aviation industry.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative classification underscores the regulatory significance of ADs in maintaining air safety standards.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, which is Brazil in the case of the Embraer ERJ 170 series aeroplanes, has the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure the aircraft's airworthiness. The State of Registry, represented by CASA in Australia, must then develop or adopt requirements to maintain the continuing airworthiness of the aircraft. When an AD is issued by the State of Design, CASA is required to assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with ADs can lead to severe consequences. The Act and Regulations do not explicitly state the specific civil or criminal penalties for non-compliance with ADs, but the overarching principle is that non-compliance can result in the grounding of affected aircraft, leading to operational disruptions and potential safety risks. The regulatory framework is designed to ensure that all stakeholders adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of air navigation systems.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust mechanism for ensuring the safety and airworthiness of aircraft through the issuance of ADs. The obligations on the State of Design and State of Registry are clear, and the potential for serious consequences from non-compliance underscores the critical importance of these regulations in maintaining safe air navigation practices.