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 Parliament of Australia, establishes the framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. One of its key provisions is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with the Civil Aviation Safety Regulations 1998. These ADs serve to mandate the continuing airworthiness of aircraft by enforcing specific safety standards and requirements. The objective of this legislation is to align Australia's aviation safety practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to ensure that aircraft registered in Australia meet the necessary safety criteria. The Civil Aviation Safety Regulations 1998 further delineate the process by which ADs are issued and managed, reflecting Australia’s commitment to maintaining high safety standards in its civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products within Australia. These ADs, which are legislative instruments, are mandated by the national interest in air navigation safety and are issued in response to continuing airworthiness information from the State of Design. The ADs are issued under the oversight of CASA, Australia's national airworthiness authority, and are applicable to all aircraft registered in Australia. The application of these directives is governed by the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure compliance with these international standards. The issuance of ADs such as AD/ERJ-170/8, which amends previous directives in light of new information from the Brazilian National Civil Aviation Agency (ANAC), is made without public consultation as it directly pertains to international obligations and pre-existing international directives. The ADs are exempt from requiring a Regulatory Impact Statement and are made by authorised personnel within CASA in accordance with the legislative framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory framework ensures that CASA can mandate safety measures as required, aligning with international standards under Annex 8 to the Convention on International Civil Aviation.
The obligations under these regulations are multifaceted. The State of Design, in this case, Brazil, has the primary responsibility for the continuing airworthiness of the ERJ-170 aircraft type and must issue necessary information to ensure safety. CASA, acting as Australia’s national airworthiness authority, is required to assess this information and, if deemed necessary, issue corresponding Australian ADs to enforce these safety measures. In the specific instance of AD 2007-01-02 issued by Brazil, CASA has issued AD/ERJ-170/8 to ensure compliance with the international standards and address the specific safety concerns identified by the Brazilian civil aviation authority.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence, with potential civil and criminal penalties. The exact penalties depend on the severity of the violation and can include substantial fines and imprisonment for serious breaches that endanger safety. It is critical for all stakeholders, including aircraft operators and maintenance providers, to adhere strictly to the directives to avoid these penalties and ensure the safety and airworthiness of the aircraft.
In summary, the key provisions of the Civil Aviation Safety Regulations 1998 allow CASA to issue ADs to maintain safety standards, aligning with international obligations and ensuring the airworthiness of aircraft registered in Australia. The responsibilities fall on CASA to assess and implement these directives, while the consequences for non-compliance are significant, underscoring the importance of strict adherence to the regulations.