AD/ERJ-170/9 - Low Stage Engine Bleed Check Valve

Overview

The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and it provides the legal foundation for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which CASA can issue ADs, which are legislative instruments under the Acts Interpretation Act 1901. This legislative framework is integral to fulfilling Australia's international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed and registered in other countries. The ADs are a critical tool for maintaining the safety standards of aircraft operating within Australia, reflecting the responsibilities of both the State of Design and the State of Registry as outlined in Annex 8 of the Convention.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, provide the authority for the Civil Aviation Safety Administration (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, serve to ensure the continuing airworthiness of aircraft, a responsibility mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are a common form of continuing airworthiness information issued by International Civil Aviation Organization Contracting States. Under these regulations, the State of Registry for an individual aircraft holds the responsibility for its ongoing airworthiness and must develop or adopt requirements to uphold this responsibility. When the State of Design issues an AD, CASA, acting as Australia's national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements. This process is exemplified by the issuance of Australian AD/ERJ 170/9 in response to Brazilian CTA's AD 2005-09-03R1 for Embraer ERJ 170 aircraft, with Brazil being the State of Design. This AD, effective from 7 June 2007, was 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. Given the international obligations and the specific nature of the ADs, no public consultation was required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is unnecessary for these directives.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations to enhance air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs serve as a legislative instrument under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The legislative instruments are further classified under section 6 of the Legislative Instruments Act 2003. ADs are a common method for maintaining the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States, as outlined in Annex 8 to the Convention on International Civil Aviation. Under the Civil Aviation Safety Regulations 1998, the State of Design—the country where an aircraft is designed—has a primary responsibility for the continuing airworthiness of that aircraft type. This includes providing necessary information to ensure the aircraft’s airworthiness to the States of Registry, which are responsible for the individual aircraft's continuing airworthiness. The State of Registry must establish or adopt requirements to ensure that aircraft remain airworthy. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. For example, Brazil, as the State of Design for Embraer ERJ 170 aircraft, issued AD 2005-09-03R1. CASA assessed this directive and issued Australian AD/ERJ 170/9, effective from 7 June 2007. There is no requirement for public consultation on ADs because they are issued in response to international obligations under the Convention on International Civil Aviation and based on ADs from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was issued 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. The Civil Aviation Safety Regulations 1998 impose various obligations on the parties and entities they govern. CASA must ensure compliance with ADs issued by States of Design, assessing and, if necessary, mandating Australian ADs to maintain airworthiness. The State of Registry, including CASA, must implement the ADs to ensure aircraft remain airworthy. Failure to comply with ADs can lead to serious safety risks, potentially resulting in aircraft being grounded or operations being suspended. Breach of the regulations and failure to comply with ADs can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with ADs generally falls under civil or criminal liability under the Civil Aviation Act 1988. Penalties can include substantial fines, aircraft grounding, and suspension of operations. The exact penalties depend on the severity of the breach and the specific provisions of the Civil Aviation Act 1988 and related regulations. In extreme cases, non-compliance with ADs can also lead to criminal charges, including imprisonment, depending on the nature and extent of the safety breach.