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 2007-01-02 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-170/6, which will become effective on 10 May 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, enacted by the Commonwealth Parliament, was introduced to ensure the safety and efficiency of civil aviation within Australia. This legislation provides a legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These regulations reflect Australia's commitment to international aviation safety standards, as outlined in the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types and the corresponding obligations of the State of Registry. The recent issuance of Australian AD/ERJ-170/6, in response to an AD by Brazil's National Civil Aviation Agency, exemplifies the application of these regulations to uphold the international standards necessary for safe civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products and are legislative instruments as defined under the Legislative Instruments Act 2003. The State of Design, which holds primary responsibility for the continuing airworthiness of an aircraft type, issues ADs that CASA must assess and, if necessary, convert into Australian ADs. In the case of the Embraer ERJ-170 model aircraft, following the Brazilian National Civil Aviation Agency’s (ANAC) issuance of AD 2007-01-02, CASA has issued Australian AD/ERJ-170/6, effective from 10 May 2007. This AD process is driven by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure the safety of air navigation (section 98 of the Civil Aviation Act 1988). Regulation 39.001(5) specifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per the Legislative Instruments Act 2003. This regulatory framework is designed to address issues related to the continuing airworthiness of aircraft types, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA, as Australia's national airworthiness authority, to assess information from the State of Design, which is the country responsible for the design of the aircraft. When a State of Design issues an AD, such as the Brazilian ANAC’s AD 2007-01-02 affecting Embraer ERJ-170 model aircraft, CASA must evaluate this information. If deemed necessary, CASA must then issue an Australian AD to mandate the requirements of the State of Design for aircraft registered in Australia. This ensures that Australian-registered aircraft meet the necessary safety standards as outlined by the international convention.
In the case of the Embraer ERJ-170 model aircraft, the State of Design is Brazil, and CASA has issued Australian AD/ERJ-170/6, which is set to take effect on 10 May 2007. This process highlights the international cooperation required to maintain airworthiness standards. As this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public is required. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Breaching the requirements set forth by these regulations can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs can result in severe civil or criminal penalties. Non-compliance with airworthiness directives is a serious matter, as it directly impacts the safety of air navigation and can lead to enforcement actions by CASA. The maximum penalties for such breaches are not explicitly stated in the text but generally can include fines and other regulatory sanctions under Australian aviation law. Ensuring adherence to these directives is therefore crucial for maintaining the high safety standards expected in the aviation industry.