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
2005-03-02R1 affecting Embraer ERJ 170 series aeroplanes. Brazil is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/ERJ-170/17, which will become effective on 23 October 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 Regulatory Review 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 regulating civil aviation in Australia, ensuring safety and efficiency in the aviation industry. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, with a particular focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). CASA's role includes assessing and, when necessary, issuing Australian ADs in response to directives from the aircraft's State of Design, ensuring compliance with both national and international safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an instrument of the Civil Aviation Act 1988, apply to all entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance service providers. These regulations mandate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments that CASA can issue in response to findings from the State of Design or other international civil aviation authorities. Notably, the ADs do not undergo public consultation or require a Regulatory Impact Statement as they are a direct response to international obligations under the Convention on International Civil Aviation. Geographic jurisdiction extends to all aircraft registered in Australia, regardless of where they are manufactured or primarily operated. The ADs apply to specific types of aircraft and aeronautical products, thereby impacting their maintenance and operational standards within Australia. The regulations do not explicitly state exclusions or thresholds for the application of ADs, though they are typically issued in response to safety concerns identified by the State of Design or other international authorities.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products (regulation 39.001(1)). These ADs are designed to ensure the continuing airworthiness of aircraft, a responsibility outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are formal instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003 (regulation 39.001(5)). In essence, these directives establish the requirements necessary to maintain the airworthiness of aircraft registered within Australia.
The obligations imposed by these regulations are significant. The State of Design, which in this case is Brazil for the Embraer ERJ 170 series aeroplanes, has a responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type (Annex 8). CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft operating under the Australian Register meet the necessary safety standards as determined by the relevant authorities. CASA’s assessment and subsequent issuance of an Australian AD, such as AD/ERJ-170/17, is a critical step in maintaining these safety standards.
Breaches of the requirements set out in these ADs can lead to serious consequences. While specific offences and penalties are not detailed within the text, it is clear that non-compliance with ADs could result in legal actions under the Civil Aviation Act 1988. Such actions could encompass both civil and criminal penalties, depending on the severity of the breach and its impact on aviation safety. The authority to issue ADs is a powerful tool, and adherence to these directives is mandatory to ensure the safety of air navigation in Australia.