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 2006-11-02R1 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-170/4, Amendment 1, which will become effective on 19 October 2007. 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 Commonwealth Parliament, is a comprehensive statute aimed at ensuring the safety and efficiency of civil aviation in Australia. One of the key mechanisms established by this Act is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to mandate safety measures for aircraft and aeronautical products, ensuring that they meet the necessary standards for safe operation. In line with Australia's commitments under the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) issues ADs in response to directives from the State of Design or in alignment with international standards. This particular AD, issued by CASA on behalf of the Australian Government, responds to an airworthiness directive issued by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer ERJ-170 series aircraft, ensuring that Australian-registered aircraft comply with international safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia’s national airworthiness authority. This legislation applies to all aircraft and aeronautical products within Australia's jurisdiction, ensuring the safety and continuing airworthiness of these items. The ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance under the Legislative Instruments Act 2003. The State of Design has primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry must adopt or develop requirements to ensure this airworthiness. When a State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD to mandate the requirements. For example, following an AD issued by Brazil’s National Civil Aviation Agency (ANAC) concerning Embraer ERJ-170 series aircraft, CASA issued its own AD to reflect the necessary changes. This process ensures compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation, and no public consultation is required as these ADs are a direct response to international obligations.
Key Provisions
The Civil Aviation Act 1988 allows for the creation of regulations aimed at ensuring the safety of air navigation (s 98). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901 (s 39.001(5)). The State of Design, which is the country responsible for the design of an aircraft, has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this (Annex 8, Convention on International Civil Aviation). Conversely, the State of Registry is responsible for the continuing airworthiness of an individual aircraft. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess any AD issued by a State of Design that affects aircraft registered in Australia. Once assessed, CASA may issue an Australian AD to mandate the requirements of the foreign AD, ensuring that the aircraft remain airworthy according to international standards. In the case of the Embraer ERJ-170 series aircraft, the Brazilian National Civil Aviation Agency (ANAC) issued AD 2006-11-02R1, and CASA subsequently issued Australian AD/ERJ-170/4, Amendment 1, to implement these requirements in Australia. This process ensures compliance with Australia’s obligations under the Convention on International Civil Aviation and maintains safety standards for aircraft operating within Australian airspace.
Failing to comply with an AD can result in serious consequences. Operators of affected aircraft must adhere to the requirements set out in the AD to ensure the aircraft's airworthiness. Non-compliance can lead to the grounding of the aircraft, which can have significant operational and financial impacts. Furthermore, CASA has the authority to take enforcement actions against non-compliant operators, including fines and other penalties as stipulated by the Civil Aviation Act 1988. The maximum penalties for non-compliance can include substantial fines and, in severe cases, imprisonment, underscoring the importance of adhering to airworthiness directives.
The issuance of ADs does not require public consultation, as they are based on international obligations and assessments by national airworthiness authorities. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing necessary safety directives without extensive regulatory review. This ensures that safety measures can be implemented promptly in response to identified issues, maintaining the high safety standards required in the aviation industry.