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 2008-09-01 affecting ERJ 170 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/18, which will become effective on 20 November 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations to protect air navigation safety, as highlighted in section 98. In this context, the Civil Aviation Safety Regulations 1998 were established to further regulate aspects of civil aviation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue these directives for specific types of aircraft or aeronautical products, ensuring compliance with international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation in Australia by aligning with international standards and practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) can be issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General may enact regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, is required to assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce these requirements. This process ensures the continuing airworthiness of aircraft registered in Australia in accordance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments as per section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments subject to scrutiny under the Legislative Instruments Act 2003 (section 6). This regulatory framework ensures that ADs serve as critical tools for maintaining the continuing airworthiness of aircraft in accordance with international standards.
In line with Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type is tasked with ensuring the aircraft’s ongoing airworthiness and must supply necessary information to relevant States of Registry. The State of Registry, which is the country where the aircraft is registered, bears the responsibility for the continuing airworthiness of the individual aircraft. Under this annex, the State of Registry must establish or adopt requirements to maintain the airworthiness of aircraft. When the State of Design issues an AD concerning an aircraft type on the Australian Register, CASA, as Australia’s national airworthiness authority, must evaluate the AD and, if deemed appropriate, issue an Australian AD to enforce the State of Design’s requirements.
The Civil Aviation Safety Regulations 1998 mandate that no consultation with the Australian public is required for ADs issued due to Australia’s international obligations under the Convention on International Civil Aviation or in response to ADs from the relevant State of Design. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. In this context, CASA has issued Australian AD/ERJ-170/18, which will take effect on 20 November 2008, following the assessment of the Brazilian ANAC’s AD 2008-09-01 concerning ERJ 170 series aircraft. This AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Violating the requirements set forth in an airworthiness directive can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties, including substantial fines and potential imprisonment for individuals. The Civil Aviation Safety Regulations 1998 further outline that failure to adhere to an AD may result in the grounding of the aircraft, revocation of its airworthiness certificate, and other administrative actions by CASA. These stringent measures underscore the critical importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australian airspace.