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 2004-11-07R1 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-170/5, 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 provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety, delegating specific responsibilities to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under this Act, allow CASA to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The policy objective is to align Australian regulations with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring the continuing airworthiness of aircraft registered in Australia.
In response to international obligations and specific safety concerns identified by the State of Design, CASA issues Australian ADs that mandate the requirements of the originating State's ADs. For instance, following the Brazilian National Civil Aviation Agency's (ANAC) issuance of AD 2004-11-07R1 for the Embraer ERJ-170 model aircraft, CASA issued AD/ERJ-170/5, which became effective on 4 April 2007. This process does not require public consultation or a Regulatory Impact Statement, as the ADs are integral to fulfilling international commitments and maintaining the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. Under the Act, the Governor-General has the authority to make regulations, which includes the issuance of ADs, for the safety of air navigation. These ADs are legislative instruments subject to disallowance and review, aligning with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs apply to aircraft registered in Australia and are particularly pertinent when responding to directives issued by the State of Design, such as Brazil in the case of Embraer ERJ-170 model aircraft, where CASA issues Australian ADs that must be complied with by aircraft operators within the Australian jurisdiction. The ADs are issued without public consultation as they are a direct response to international obligations under the Convention on International Civil Aviation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments. The requirement for airworthiness directives stems from Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. This means that the State of Design must provide all necessary information to ensure the safety of the aircraft type, a responsibility that extends to sharing this information with other States of Registry, like Australia.
The obligations placed on the parties governed by these regulations are significant. The State of Design, such as Brazil for the Embraer ERJ-170 model, must issue ADs to maintain airworthiness. For Australia, as a State of Registry, CASA must assess these ADs and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This was the case with the Brazilian AD 2004-11-07R1, which CASA assessed and subsequently issued as Australian AD/ERJ-170/5. These obligations ensure that aircraft registered in Australia meet the required safety standards set forth by the international community.
Failure to comply with the provisions of airworthiness directives can lead to serious consequences. Although the Civil Aviation Act 1988 does not explicitly detail specific penalties for non-compliance with ADs, general aviation regulations include provisions for enforcement actions, which can range from fines to the grounding of non-compliant aircraft. Non-compliance can also result in civil and criminal liability for individuals and entities involved in the operation or maintenance of the affected aircraft. These potential repercussions underscore the importance of adhering to airworthiness directives to maintain safety and compliance within the aviation industry.