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 2007-01-02, affecting Embraer model ERJ-170 aircraft, in January 2007. Brazil is the State of Design for these types. CASA assessed this AD and issued Australian AD/ERJ-170/6. As a result of a request from industry, CASA has issued AD/ERJ-170/8 which will become effective on 7 June 2007 to reflect the correct requirements of the ANAC AD. AD/ERJ-170/8 replaces the previous issue of AD/ERJ-170/6.
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, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation safety in Australia. This legislation aims to ensure that the highest possible standards of safety and efficiency are maintained within the civil aviation sector. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further clarifies that the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate specific safety requirements, ensuring the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988, through its regulatory mechanisms, seeks to uphold Australia's obligations under the Convention on International Civil Aviation, thereby enhancing the safety and reliability of the nation's aviation industry.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2007 pertains to the application of airworthiness directives under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, focusing on the continuing airworthiness of aircraft. This legislation applies to all aircraft registered in Australia and the operators or owners of these aircraft, ensuring that they comply with the airworthiness directives issued by the Civil Aviation Safety Authority (CASA). These directives are critical in maintaining the safety standards of aircraft and aeronautical products, reflecting the obligations Australia has under the Convention on International Civil Aviation. The geographic reach of this Act is national, governing all air navigation within Australia’s jurisdiction, and it extends to all types of aircraft and aeronautical products within Australia's airspace. Any exemptions or exclusions from these requirements would be specifically detailed within the subordinate regulations or directives themselves, ensuring that they align with international standards and do not impede the overarching goal of aviation safety.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 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 directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework is integral to maintaining the safety and airworthiness of aircraft in Australia, as it mandates that CASA, the national airworthiness authority, must review and potentially issue Australian ADs when the State of Design issues an AD affecting aircraft registered in Australia.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are obligated to comply with ADs issued by CASA. The State of Design, which in the case of the Embraer model ERJ-170 is Brazil, must provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, acting as the State of Registry for Australian aircraft, must then assess this information and issue corresponding ADs if necessary. This collaborative process ensures that aircraft operating in Australia meet international safety standards and comply with local regulations. Furthermore, the State of Registry must implement and enforce the ADs, ensuring that all aircraft maintain the required airworthiness standards.
Failure to comply with ADs can result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, including fines and potential grounding of aircraft. The maximum penalties for breaches can be substantial, reflecting the critical nature of maintaining airworthiness. The Civil Aviation Safety Regulations 1998 also stipulate that non-compliance with ADs can result in prosecution, leading to criminal penalties. These can include fines of up to $165,000 for individuals and $825,000 for corporations, as well as potential imprisonment. The rigorous enforcement of ADs underscores the importance of adhering to these regulations to ensure the safety of air navigation.