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 issued AD 2006-11-02R2, affecting Embraer ERJ-170 model aircraft, in 2007. Brazil is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify alternate methods of compliance. The amended AD, AD/ERJ-170/4, Amendment 3, will become effective on 5 June 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 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing issues related to the safety, efficiency, and economic development of the aviation industry. This Act was designed to ensure that civil aviation in Australia meets international standards and to provide a mechanism for the regulation of air navigation and aircraft operations. The Civil Aviation Safety Regulations 1998 complement the Act by providing detailed regulatory requirements for ensuring the safety of air navigation. The policy objective underpinning these regulations is to maintain and enhance the safety standards of civil aviation in Australia by aligning with international best practices and ensuring the continuing airworthiness of aircraft.
In accordance with the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments issued to mandate compliance with airworthiness standards and are often issued in response to safety concerns identified by the State of Design or other international regulatory bodies. For instance, CASA amended an Australian AD for Embraer ERJ-170 model aircraft following a directive issued by the Brazilian National Civil Aviation Agency (ANAC), reflecting Australia’s commitment to international aviation safety standards. The AD in question, AD/ERJ-170/4, Amendment 3, was issued by CASA without public consultation due to the nature of its alignment with international obligations and its technical focus.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia, and it applies to all aircraft registered in Australia and their operators. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and are issued by CASA in response to safety concerns or as required under international agreements such as the Convention on International Civil Aviation. The ADs must be issued in accordance with the obligations of the State of Design and the State of Registry, and they mandate specific safety requirements for aircraft within Australia's jurisdiction. In the case of the Embraer ERJ-170 model aircraft, CASA issued an amended AD following an original directive by Brazil's National Civil Aviation Agency (ANAC), reflecting Australia's commitment to international airworthiness standards. This AD, AD/ERJ-170/4, Amendment 3, was made under the authority vested in CASA by the Act and became effective on 5 June 2008, superseding the previous version.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under section 39.001. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation. The State of Design, which in this case is Brazil for the Embraer ERJ-170 model, is responsible for providing information to maintain airworthiness, and CASA must then issue an equivalent Australian AD if necessary. The specific AD in question, AD/ERJ-170/4, Amendment 3, was issued by CASA in response to Brazilian AD 2006-11-02R2, and aims to clarify alternate compliance methods. This AD became effective on 5 June 2008 and replaces the previous issue.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess any relevant ADs issued by the State of Design and to issue corresponding ADs for aircraft on the Australian Register. CASA must ensure that the safety standards and requirements set forth by the State of Design are met by operators of the affected aircraft. Additionally, the State of Registry, which is Australia in this context, must develop or adopt regulations to ensure the continuing airworthiness of aircraft registered within its territory. The legislative framework ensures that there is a coordinated international effort to maintain the safety of air navigation, with each State playing a specific role in the oversight and regulation of aircraft airworthiness.
Failure to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. Operators of aircraft must adhere to the requirements outlined in the ADs to ensure their aircraft remain airworthy. Non-compliance can lead to enforcement actions, which may include fines, suspension or revocation of an aircraft's certificate of airworthiness, and potential criminal charges for individuals or corporations responsible for the non-compliance. The specific penalties for breaches are determined by the courts but can include substantial financial penalties and imprisonment for serious violations. It is critical for all parties involved to understand and comply with the ADs to maintain the high safety standards required in civil aviation.