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 2009-04-01 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-170/23, which will become effective on 2 July 2009.
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 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation provides the authority for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments intended to address specific safety concerns related to aircraft types and aeronautical products. In compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, issues ADs to enforce the requirements set by the State of Design, ensuring alignment with international obligations and safety standards.
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. These ADs are legislative instruments that are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The ADs are primarily issued in response to international obligations under the Convention on International Civil Aviation, and they reflect the mandates set by the State of Design, which is responsible for the overall airworthiness of a particular aircraft type. For instance, when Brazil, as the State of Design for Embraer ERJ-170 model aircraft, issues an AD, CASA evaluates this information and, if necessary, issues a corresponding Australian AD. This regulatory framework ensures that the continuing airworthiness of aircraft registered in Australia meets international safety standards. The ADs do not generally require public consultation or a Regulatory Impact Statement, as they are responses to international commitments and specific safety concerns identified by the State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are instrumental in ensuring the safety of air navigation and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Specifically, an AD becomes a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901. The ADs serve as a mechanism to communicate necessary information to ensure the continuing airworthiness of aircraft types, mandated by Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design, which is the State where the aircraft type was designed, bears the primary responsibility for the continuing airworthiness of that type and must provide pertinent information to the States of Registry.
In compliance with these regulations, the State of Registry, which is the country where the aircraft is registered, must implement or adopt requirements to ensure the ongoing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to evaluate the AD and, if necessary, issue a corresponding Australian AD. This was exemplified by CASA's issuance of Australian AD/ERJ-170/23, which became effective on 2 July 2009, in response to the Brazilian ANAC's AD 2009-04-01 affecting Embraer ERJ-170 model aircraft. Brazil, being the State of Design for this type of aircraft, issued the AD, which CASA subsequently assessed and adopted.
Entities and individuals governed by these regulations must adhere to the requirements set forth in the ADs issued by CASA. This includes ensuring that the aircraft comply with the specified maintenance, repair, and operational standards to maintain airworthiness. Failure to comply with these ADs may result in serious safety implications and potential regulatory sanctions. CASA's authority to issue these ADs is derived from the Civil Aviation Act 1988, and the ADs themselves are issued by authorised personnel, such as the Manager, Airframes & Structures in the Airworthiness Engineering Group, in accordance with the legislative framework. Given the international nature of these regulations and the critical importance of air safety, ADs are issued without public consultation, and they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.