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 2006-05-05 affecting Embraer ERJ-170 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/3, which will become effective on 4 April 2007.
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.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia, providing the legal framework for regulating civil aviation. This Act allows the Governor-General to make regulations for the purposes of the Act, which in turn promotes the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring that aircraft remain in a condition that is safe for operation. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In the context of international civil aviation obligations, the State of Design for an aircraft type bears responsibility for the continuing airworthiness of the aircraft, and CASA must issue corresponding ADs when necessary to mandate these requirements within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) within Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs that pertain to specific types of aircraft or aeronautical products, in line with the international standards set by the Convention on International Civil Aviation, particularly Annex 8. These ADs are instrumental in ensuring the ongoing airworthiness of aircraft, with the State of Design retaining overarching responsibility for the initial airworthiness of the aircraft type and the State of Registry being accountable for the individual aircraft’s continued airworthiness. When an AD is issued by the State of Design, CASA is mandated to evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements. This process ensures that Australian-registered aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation. Notably, ADs are legislative instruments that are subject to disallowance and have been determined not to require public consultation or a Regulatory Impact Statement. They are issued under the authority of the Act by CASA, reflecting the stringent measures in place to maintain aviation safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued to maintain the continuing airworthiness of aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to take specific actions when an AD is issued by the State of Design. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. The State of Registry, in this case CASA, must assess this information and, if necessary, issue an Australian AD to ensure the continuing airworthiness of the aircraft. This process is crucial for maintaining safety standards as mandated by international civil aviation agreements.
Failure to comply with the ADs issued by CASA can lead to serious consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives can result in civil or criminal liability. The regulations are designed to enforce compliance with safety standards, and breaches could potentially lead to enforcement actions by CASA, which may include fines, suspension of airworthiness certificates, or other regulatory measures.
In summary, the AD issued by CASA in response to an AD from the Brazilian ANAC for Embraer ERJ-170 model aircraft is a legislative instrument mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA’s role is to ensure that Australian aircraft meet international safety standards, and this involves assessing and implementing ADs issued by the State of Design. Compliance with these directives is mandatory, and failure to adhere to them can lead to significant legal and safety repercussions.