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 AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL - BRAZIL has issued AD
2005-09-03 R2 affecting Embraer ERJ 170 series aeroplanes. Brazil is the State of Design for ERJ 170 aeroplanes. CASA has assessed this AD and has issued Australian AD/ERJ-170/9 Amendment 1, which will become effective on 10 April 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 Acting Manager, Systems and New Technologies 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 of air navigation and provide a framework for civil aviation activities in Australia. One of its key mechanisms is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as provided for in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers CASA to issue such directives when necessary, particularly in response to directives issued by the State of Design or other ICAO Contracting States, as was the case with the AD issued concerning Embraer ERJ 170 series aeroplanes. This process ensures that Australia meets its obligations under international conventions while maintaining stringent safety standards for its national airspace.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These ADs are legislative instruments that mandate certain safety standards and actions to be taken by aircraft operators to maintain the airworthiness of their aircraft. They apply to aircraft registered in Australia and operated by Australian entities or individuals, aligning with international standards set by the International Civil Aviation Organization (ICAO). The regulations extend to the entire Commonwealth of Australia, ensuring uniform application across the nation. The scope of ADs is extensive, covering any safety issue that might affect the airworthiness of an aircraft, and they are issued in response to directives from the State of Design or as required by international obligations. Exclusions or exemptions from these directives are rare and only considered on a case-by-case basis when absolutely necessary and justified by safety considerations. The application of these regulations is further refined through subordinate instruments, which provide additional detail or specific instances where ADs might be issued or modified.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically 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, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. The primary objective of these ADs is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, has a duty to assess airworthiness directives issued by the State of Design and, when necessary, issue corresponding Australian ADs. This ensures that Australian-registered aircraft meet the required safety standards. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with maintaining the airworthiness of individual aircraft. Consequently, when a State of Design, such as Brazil, issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD.
Failure to comply with an airworthiness directive can lead to serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, the overarching legislation, the Civil Aviation Act 1988, provides a framework for enforcement. Non-compliance with airworthiness directives can potentially result in enforcement actions, including fines or other penalties, depending on the severity of the breach and the specific circumstances. The Civil Aviation Act 1988 also allows CASA to take regulatory action to ensure compliance with safety regulations, which may include grounding non-compliant aircraft until corrective actions are implemented.