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 2006-05-05R1 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-170/3, Amendment 1, which will become effective on 4 April 2008. This AD cancels and replaces the previous issue.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to provide a legislative framework for the safety and regulation of civil aviation within Australia. This Act grants the Governor-General the authority to make regulations under section 98 for the purposes of the Act, particularly in the interests of air navigation safety. Complementing the Act are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products under regulation 39.001. The objective of these directives is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses the airworthiness information provided by the State of Design and issues corresponding Australian ADs when necessary to mandate compliance with international safety requirements. This process ensures that Australian aircraft meet the continuing airworthiness standards set forth by the relevant State of Design and international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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 directives are issued to ensure the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to maintain airworthiness, and the State of Registry must implement these directives. For instance, in response to the Brazilian ANAC's AD 2006-05-05R1 concerning the Embraer ERJ-170 model aircraft, CASA has issued its own AD/ERJ-170/3, Amendment 1, effective from 4 April 2008. This AD replaces the previous issue, and it is a legislative instrument under the Acts Interpretation Act 1901. No public consultation is required for these ADs as they are issued under international obligations and in response to directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (ss 98, 39.001). This regulatory mechanism is fundamental to ensuring the safety and airworthiness of aircraft operating in Australian airspace. ADs are legislative instruments and serve as a key tool for enforcing compliance with airworthiness standards, as outlined under Annex 8 of the Convention on International Civil Aviation. CASA is tasked with assessing ADs issued by the State of Design and, when necessary, issuing corresponding ADs for the Australian context to ensure consistency with international standards.
Under these provisions, CASA is obligated to rigorously evaluate ADs issued by the State of Design, particularly when such directives pertain to aircraft types registered in Australia. This obligation is derived from Annex 8, which delineates the responsibilities of the State of Design and the State of Registry. In this instance, Brazil, as the State of Design for the Embraer ERJ-170 model aircraft, issued AD 2006-05-05R1. CASA has subsequently evaluated this directive and issued Australian AD/ERJ-170/3, Amendment 1, which will be enforced starting 4 April 2008. This AD serves to replace the previous directive, ensuring that all applicable safety measures are uniformly enforced across the fleet of affected aircraft in Australia.
Failure to comply with ADs can lead to serious consequences under the Civil Aviation Act 1988. Such non-compliance is considered an offence, and violators may face both civil and criminal penalties. The Act does not explicitly state the maximum penalties for breaches of ADs, but generally, offences related to aviation safety can result in substantial fines and potential imprisonment. The severity of penalties underscores the critical importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.
The legislative process for issuing ADs, as described in the Civil Aviation Safety Regulations 1998, involves the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA, who issues the directives on behalf of the authority in accordance with subsection 84A(2) of the Act. This systematic approach ensures that ADs are issued efficiently and in compliance with the legislative framework, thereby upholding the safety and regulatory standards expected in the aviation industry.