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 2009-07-01 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-170/24, which will become effective on
24 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, 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 legal framework for the regulation of civil aviation in Australia, with a focus on safety. Under this Act, the Governor-General is empowered to create regulations in the interests of air navigation safety, and these regulations can include provisions for issuing airworthiness directives (ADs) as specified in the Civil Aviation Safety Regulations 1998. These ADs serve as a mechanism to ensure the continuing airworthiness of aircraft by mandating specific requirements. In the context of international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type has the responsibility to provide necessary information to ensure its airworthiness, which is then assessed and, if appropriate, adopted by the State of Registry, such as CASA in Australia. This process ensures compliance with international standards and facilitates the harmonisation of safety measures across jurisdictions.
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 certain kinds of aircraft or aeronautical products. This regulatory framework applies to any aircraft registered in Australia and aims to ensure the safety of air navigation. The ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and are subject to disallowance as per section 46A of that Act. As a consequence, they are also considered legislative instruments under the Legislative Instruments Act 2003. The application of these directives is international in scope, reflecting Australia's commitment to the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In this context, CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. This regulatory process does not involve public consultation as it is driven by international obligations and the direct response to ADs issued by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary 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 kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design, which in this case is Brazil for the Embraer ERJ 170 model aircraft, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure compliance. The State of Registry, CASA in Australia’s case, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. This ensures that all aircraft registered in Australia meet international safety standards.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties can include fines up to a certain maximum amount, as specified in the regulations, while criminal penalties can include imprisonment, reflecting the seriousness of ensuring air safety. CASA has the authority to enforce these penalties and can take action against any party that fails to comply with the ADs issued under its mandate.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for the issuance and enforcement of ADs, ensuring that all aircraft meet stringent safety standards. The obligations on the State of Design and the State of Registry are clearly defined, with CASA playing a pivotal role in assessing and implementing ADs. The potential penalties for non-compliance underscore the importance of adhering to these directives to maintain the highest safety standards in aviation.