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 2008-03-01R2 affecting Embraer ERJ 170 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/22, which will become effective on
7 May 2009. This AD supersedes and cancels AD/ERJ-170/16 Amendment 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 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 a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and economic viability of the aviation industry. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the procedures and criteria for issuing such directives, which are legislative instruments under the Legislative Instruments Act 2003. The primary objective of these regulations is to ensure that all aircraft operating in Australia meet the required safety standards, in compliance with international conventions such as Annex 8 to the Convention on International Civil Aviation. In response to an airworthiness directive issued by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer ERJ 170 series aircraft, CASA has assessed the situation and issued its own Australian airworthiness directive, effective from 7 May 2009. This action underscores CASA’s role in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international obligations and ensuring the safety standards are uniformly upheld.
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) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This applies to any aircraft registered in Australia, regardless of the aircraft's country of origin, and extends to all entities involved in the operation, maintenance, and manufacture of the affected aircraft. The geographic reach of these regulations is national, given CASA's role as Australia's national airworthiness authority. The ADs are legislative instruments that must be assessed and potentially issued by CASA when a State of Design issues an AD affecting an aircraft type registered in Australia, in accordance with international obligations under the Convention on International Civil Aviation. This process ensures that Australian-registered aircraft meet the necessary safety standards. The ADs are not subject to public consultation or a Regulatory Impact Statement, as they are mandated by international agreements and directly respond to ADs issued by the relevant State of Design.
Key Provisions
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation underscores the importance of maintaining the airworthiness of aircraft and ensures that such directives are legally binding. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to evaluate any ADs issued by the State of Design, in this case, Brazil for the Embraer ERJ 170 series aircraft. CASA must assess the relevance and applicability of these ADs for aircraft registered in Australia. If necessary, CASA issues its own ADs to enforce the requirements of the State of Design. The State of Registry, in this instance, Australia, is responsible for ensuring the continuing airworthiness of the aircraft. This includes adopting and implementing any ADs issued by CASA.
Breaching the requirements of an AD can lead to severe consequences. Non-compliance with an AD can result in the aircraft being deemed unairworthy, potentially leading to grounding of the aircraft and significant financial penalties. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against individuals or companies that fail to comply with an AD. The penalties for such breaches can include substantial fines and, in severe cases, imprisonment. The specific penalties are determined by the severity of the breach and are subject to the discretion of the court.