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 2008-03-01R1 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-170/16, Amendment 1, which will become effective on 14 July 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 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, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft registered in Australia. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which aligns with the broader obligations under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus enables CASA to act on directives issued by the State of Design or Registry, such as the Brazilian National Civil Aviation Agency's (ANAC) AD 2008-03-01R1 for Embraer ERJ-170 series aircraft. CASA's response, AD/ERJ-170/16, Amendment 1, reflects Australia's commitment to international aviation safety standards and will be effective from 14 July 2008. Given the nature of ADs and their alignment with international obligations, CASA did not consult the public or require a Regulatory Impact Statement for this directive.
Scope and Application
The Civil Aviation (Airworthiness) 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 air navigation safety. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are mandated by the Civil Aviation Act 1988 and the Convention on International Civil Aviation. The State of Design, such as Brazil for Embraer ERJ-170 series aircraft, has the responsibility to provide necessary information to ensure continuing airworthiness, which CASA then assesses and, if necessary, translates into Australian ADs. This process ensures that Australian aircraft meet international safety standards. Importantly, these ADs are issued in response to international obligations and specific design state directives, thereby exempting them from public consultation and Regulatory Impact Statements. The AD in question was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with the Act's provisions.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 (subsection 39.001(5)). These ADs are legislative instruments and are intended to ensure the continuing airworthiness of aircraft and aeronautical products. The authority to issue these ADs stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. In this instance, CASA has issued Australian AD/ERJ-170/16, Amendment 1, following the Brazilian AD 2008-03-01R1 for Embraer ERJ-170 series aircraft, as Brazil is the State of Design.
The obligations imposed by these regulations include the requirement for CASA, as Australia’s national airworthiness authority, to assess any airworthiness information provided by the State of Design and issue corresponding ADs as necessary. This ensures that the continuing airworthiness of aircraft on the Australian register aligns with international standards. Additionally, the State of Registry, which in this case is Australia, has the responsibility to develop or adopt requirements that ensure the continuing airworthiness of aircraft within its jurisdiction. This includes implementing ADs issued by CASA in response to international directives.
The legislation also stipulates that ADs issued in response to international obligations, such as those under the Convention on International Civil Aviation, do not require consultation with the Australian public or a Regulatory Impact Statement. This is due to the nature of ADs being directly linked to international safety standards and the fact that they are issued to ensure compliance with these standards. CASA’s issuance of Australian AD/ERJ-170/16, Amendment 1, reflects this requirement, as it was made in accordance with subsection 84A(2) of the Act, without the need for public consultation.
In terms of consequences for breach, the regulations do not explicitly state civil or criminal penalties for non-compliance with ADs. However, failure to adhere to ADs can result in severe safety risks and potential legal repercussions, as the primary aim of these directives is to ensure the airworthiness and safety of aircraft. The enforcement of compliance with ADs is typically managed through CASA’s regulatory oversight and enforcement mechanisms, which can include fines, grounding of non-compliant aircraft, and other corrective actions to ensure safety standards are met.