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 issued AD 2008-09-01, affecting Embraer ERJ 170 model aircraft, in 2008. Brazil is the State of Design for these models. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct the dates associated with the Embraer service bulletins referenced in the AD. The amended AD, AD/ERJ-170/18 Amendment 1, will become effective on
15 January 2009. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety, efficiency and orderly development of civil aviation in Australia. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This is in line with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In response to an AD issued by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer ERJ 170 model aircraft, CASA has amended the equivalent Australian AD to correct certain dates, resulting in AD/ERJ-170/18 Amendment 1, which will take effect on 15 January 2009. Given that this AD was issued in response to an international AD and pursuant to Australia's obligations under the Convention, no consultation of the Australian public has taken place. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are crucial for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing primary responsibility for an aircraft type and the State of Registry ensuring individual aircraft meet airworthiness standards. For aircraft on the Australian Register, CASA must evaluate directives from the State of Design and, if necessary, issue corresponding Australian ADs. For example, following the Brazilian ANAC's issuance of AD 2008-09-01 concerning Embraer ERJ 170 models, CASA amended the Australian AD to correct the referenced service bulletin dates. This AD, effective from 15 January 2009, cancels and replaces the previous version. Given its basis in international obligations and response to a State of Design directive, no public consultation or Regulatory Impact Statement was required for this AD, which was made by the Manager, Systems and New Technologies in CASA's Airworthiness Engineering Group under the authority of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance provisions in the Acts Interpretation Act 1901.
These ADs are essential for ensuring the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for maintaining the airworthiness of an aircraft type and must provide necessary information to States of Registry, which in turn must develop requirements to ensure the continuing airworthiness of individual aircraft. In the case of international ADs, CASA, as Australia’s national airworthiness authority, assesses the information and, if necessary, issues an Australian AD to enforce the requirements set by the State of Design.
The recent amendment to the Australian AD for the Embraer ERJ 170 model aircraft, AD/ERJ-170/18 Amendment 1, was issued following a request from the industry and to correct the dates associated with the Embraer service bulletins referenced in the Brazilian AD 2008-09-01. This amendment will become effective on 15 January 2009, cancelling and replacing the previous AD. The process for issuing this AD did not include public consultation or require a Regulatory Impact Statement, as it aligns with Australia’s international obligations and responds to an AD from the relevant State of Design. The AD was 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.
The ADs carry significant obligations and consequences for non-compliance. Operators must adhere to the ADs to ensure the continued airworthiness of their aircraft, and failure to comply can result in serious safety risks. The Civil Aviation Safety Regulations 1998 outline specific offences and penalties for breaches of ADs. For example, under regulation 39.010, failure to comply with an AD can result in criminal penalties, including fines of up to $126,000 for corporations and $25,200 for individuals, or imprisonment for up to two years, or both. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft or imposing operational restrictions to mitigate risks until compliance is achieved.