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 2008-10-05 affecting Embraer ERJ 170 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-170/19, which will become effective on 18 December 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 Manager, Airframes& Structures 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, was introduced to ensure the safety and regulation of civil aviation within Australia. This legislation empowers the Governor-General to make regulations, particularly in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the implementation of these regulatory measures, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. This directive, classified as a legislative instrument under the Legislative Instruments Act 2003, aims to maintain and enhance the safety standards of aircraft within Australia, aligning with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft operating in Australia meet necessary safety standards and that relevant authorities are informed of and comply with airworthiness requirements as determined by both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, with the State of Registry ensuring compliance on an individual aircraft basis. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures the safety and compliance of aircraft registered in Australia with international safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that serve the Act's purpose, particularly focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that the ADs align with international safety standards as stipulated in Annex 8 to the Convention on International Civil Aviation. According to subregulation 39.001(5) of the CASR, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus rendering it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The ADs are essential for maintaining the continuing airworthiness of aircraft types, with the State of Design bearing the primary responsibility as outlined in Annex 8. This responsibility includes providing necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft within their jurisdiction. When a State of Design, such as Brazil, issues an AD affecting an aircraft type registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. For instance, Brazilian AD 2008-10-05 concerning Embraer ERJ 170 model aircraft has been assessed by CASA, leading to the issuance of Australian AD/ERJ-170/19, effective from 18 December 2008.
The issuance of ADs is governed by Australia's obligations under the Convention on International Civil Aviation and is a response to directives issued by the relevant State of Design. Consequently, no public consultation is required for these ADs, and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes & Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of compliance, any breach of the ADs can lead to severe consequences, including potential civil or criminal penalties. The specific penalties for non-compliance are not detailed in the provided text, but typically, such breaches may result in fines, operational restrictions, or even grounding of the affected aircraft until the required compliance measures are met. These penalties underscore the critical importance of adhering to the airworthiness directives to ensure the safety and reliability of aviation operations.