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 ANAC has issued AD 2008-03-01R2 affecting Embraer ERJ 170 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/22, which will become effective on
7 May 2009. This AD supersedes and cancels AD/ERJ-170/16 Amendment 1.
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 Group, 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, was introduced to regulate civil aviation in Australia and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of aviation safety. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, are integral to maintaining the continuing airworthiness of aircraft and are typically issued by states in accordance with Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an AD, CASA is obligated to assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design, thereby ensuring compliance with international standards and maintaining the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Pursuant to this legislation, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance, and are developed in accordance with international obligations under the Convention on International Civil Aviation. The ADs are issued in response to continuing airworthiness information provided by the State of Design, with CASA responsible for assessing and, if necessary, issuing Australian ADs that mandate the requirements of the State of Design. The ADs apply to aircraft registered in Australia and are intended to ensure the ongoing airworthiness of these aircraft, in alignment with international standards. Given the international nature and specific technical requirements of ADs, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 provides the overarching authority for the Governor-General to make such regulations for the safety of air navigation. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, a legislative instrument as defined in the Legislative Instruments Act 2003. These regulations ensure that CASA can mandate compliance with international safety standards.
The obligations imposed by these regulations on the parties involved are multifaceted. The State of Design, in this case, Brazil, has the primary responsibility for ensuring the continuing airworthiness of the Embraer ERJ 170 series aircraft and must provide necessary information to support this. CASA, as the State of Registry for Australian-registered aircraft, is obligated to assess the information provided by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia meet the required safety standards as mandated by international agreements.
Failing to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to enforcement actions, including fines and potential criminal charges. The severity of the penalty often depends on the nature and extent of the non-compliance. While the specific maximum penalties are not detailed in the provided text, it is clear that adherence to ADs is critical to maintaining the safety and airworthiness of aircraft.
The process of issuing and enforcing ADs is designed to ensure that all aircraft meet the highest safety standards. CASA’s assessment and subsequent issuance of Australian ADs, such as AD/ERJ-170/22, demonstrate a commitment to international safety protocols. The authority to issue these directives without public consultation, as determined by the Office of Best Practice Regulation, underscores the urgency and importance of ensuring airworthiness based on international agreements and standards.