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 and DAC have issued the ADs listed in Schedule 1 affecting Embraer ERJ 170 series aircraft. Brazil is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/ERJ-170/2 which will become effective on 4 April 2007. This AD requires compliance with all applicable ANAC and DAC ADs listed in Schedule 1.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
ANAC and DAC AD | Issue Date | Title |
2004-10-02 | 30 October 2004 | Engine Fire Handle Internal Circuit |
2004-11-06 | 29 November 2004 | Hydraulic Pump Outlet Tube |
E2004-12-04 | 27 December 2004 | Temporary Loss of Display Units |
2005-02-01R1 | 24 April 2006 | Contamination of the Air Data Smart Probes |
2005-03-01R1 | 19 June 2006 | Autopilot Coupled ILS Approach Procedures |
2005-03-02 | 20 April 2005 | Aircraft Maintenance Plan |
2005-04-04 | 30 April 2005 | VHF Antenna |
2005-04-05 | 30 April 2005 | Passenger Seat Track Attachments |
2005-11-01 | 8 December 2005 | Lavatories Waste Compartment Door Latches |
2005-12-05 | 19 January 2006 | Sealing of the Negative Pressure Relief Valve |
2006-01-03 | 7 February 2006 | Fire Extinguisher Drier Metering Unit |
2006-02-04 | 15 March 2006 | Integrated Drive Generators (IDG) |
2006-03-02R1 | 27 February 2007 | Thrust Reverser |
2006-05-02 | 23 May 2006 | Emergency Evacuation Slide |
2006-05-06 | 14 June 2006 | Ram-Air Turbine (RAT) Deployment Actuator |
2006-06-01 | 28 June 2006 | Software Primus EPIC Load 17.3 Version |
2006-06-03 | 7 July 2006 | Bonding Cable Fitting Clamp of the Fuel Lines |
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to provide a framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft. This legislative measure was introduced to address the need for consistent and internationally recognised safety standards in civil aviation, in line with Australia's obligations under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in the aviation industry, thereby protecting public safety and ensuring compliance with international agreements. The issuing of ADs, particularly in response to directives from the State of Design, is an essential component of this regulatory framework.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. This authority is exercised to uphold the safety of air navigation and ensure compliance with international standards as set out in the Convention on International Civil Aviation. The ADs issued by CASA mandate compliance with the directives from the State of Design, which in this instance is Brazil for the Embraer ERJ 170 series aircraft. As Australia’s national airworthiness authority, CASA is responsible for assessing the airworthiness information provided by the State of Design and issuing corresponding Australian ADs when necessary. The issuance of these directives is in response to international obligations and specific safety concerns identified by the State of Design, thereby ensuring that Australian-registered aircraft meet the required safety standards. The ADs do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review, reflecting their technical nature and the reliance on international safety protocols.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). According to 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. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for kinds of aircraft or aeronautical products. Importantly, subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under the Legislative Instruments Act 2003. This legislative instrument is crucial in ensuring that aircraft maintain their airworthiness, which is a foundational aspect of aviation safety.
The obligations imposed by this legislation require the State of Design to take overall responsibility for the continuing airworthiness of an aircraft type, providing necessary information to appropriate States of Registry. The State of Registry, in this case CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements from the State of Design. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which assigns specific roles and responsibilities to the States of Design and Registry for maintaining the airworthiness of aircraft. For instance, the Brazilian National Civil Aviation Agency (ANAC) and the Brazilian Defence Aviation Command (DAC) issued several ADs for the Embraer ERJ 170 series aircraft. As the State of Design, Brazil issued these ADs, and CASA, as the State of Registry for Australia, evaluated and subsequently issued an Australian AD (AD/ERJ-170/2) to ensure compliance with these directives.
Failure to comply with ADs can result in significant consequences, both civil and criminal. The Civil Aviation Safety Regulations 1998 outline the potential penalties for non-compliance with ADs, which are designed to enforce airworthiness and safety standards. The exact nature of these penalties can vary but may include fines, imprisonment, or both. The severity of these penalties underscores the importance of adhering to ADs, as they are critical for maintaining the safety of air navigation. Additionally, any breach of these regulations can lead to aircraft being grounded, thereby affecting operations and potentially resulting in more severe consequences if an aircraft is found to be non-airworthy.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework that ensures aircraft maintain their airworthiness through the issuance of ADs. The State of Design and State of Registry have specific roles in this process, and CASA is responsible for implementing and enforcing these directives in Australia. Non-compliance with these regulations can result in serious civil and criminal penalties, highlighting the importance of adhering to ADs for the safety of air navigation.