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 2006-05-04R1 affecting Embraer ERJ-170 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-170/7, Amendment 1, which will become effective on 31 July 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, Airframes 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 ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that mandates compliance with airworthiness requirements for specific aircraft or aeronautical products. The Civil Aviation (Safety) Regulations 1998 were introduced to fulfil the obligations under the Convention on International Civil Aviation and to ensure that aircraft registered in Australia maintain their airworthiness. The Civil Aviation Safety Authority (CASA) issues these directives when necessary, such as in response to ADs issued by the State of Design, which in this case is Brazil for the Embraer ERJ-170 model aircraft. This AD, issued by CASA, is in accordance with the Act and responds to international obligations and safety standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They are designed to ensure the continuing airworthiness of aircraft types registered in Australia, aligning with the obligations outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must respond to ADs issued by the State of Design to ensure compliance and safety standards are maintained. For instance, CASA issued AD/ERJ-170/7, Amendment 1, in response to the Brazilian ANAC's AD 2006-05-04R1 for the Embraer ERJ-170 model aircraft, reflecting Australia's commitment to international aviation safety standards. Given the nature of these directives, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This authority is exercised to ensure compliance with safety standards in accordance with section 98 of the Civil Aviation Act 1988. Section 39.001(5) further specifies that ADs are disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901, making them legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the AD include ensuring that the State of Design, in this case Brazil, provides necessary information to maintain the airworthiness of the Embraer ERJ-170 model aircraft. CASA, as Australia’s national airworthiness authority, is responsible for assessing this information and, if appropriate, issuing corresponding ADs to enforce the requirements set by the State of Design. The AD issued by CASA, AD/ERJ-170/7, Amendment 1, mandates specific actions and compliance measures to ensure that the aircraft meet the required safety standards. It is imperative for the State of Registry to develop or adopt regulations ensuring the continuing airworthiness of the aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation.
There are no public consultations required for ADs issued under the Civil Aviation Safety Regulations 1998, as they are issued in response to international obligations and directives from the State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. Failure to comply with the requirements outlined in the AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in civil penalties, including fines. In serious cases, CASA may take enforcement actions, which could potentially include grounding the aircraft until the required actions are completed. The maximum penalties for non-compliance are not explicitly stated in the provided text, but they can be severe, reflecting the critical importance of adhering to these safety directives.