AD/ERJ-190/12 Amdt 1 - Hydraulic Shutoff Valves

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01109 In force Legislative Instrument

Legislation content

Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/ERJ-190/12 Amdt 1 — Hydraulic Shutoff Valves

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design. AD/ERJ-190/12 Amdt 1 applies to the Embraer
ERJ-190 Series aircraft.

 

Brazil and the AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL (ANAC) issued AD 2007-02-02 affecting Embraer ERJ-190 series aeroplanes in 2007. Brazil is the State of Design for this aircraft type. CASA subsequently issued AD/ERJ-190/12 to mandate the requirements of the AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL AD 2007-02-02. As a result of an enquiry from industry, CASA has been made aware of a deficiency in the requirements of the CASA AD. CASA has issued AD/ERJ-190/12 Amendment 1 to update the details of part number valves that are available to be used as replacements. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being amended at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from to update the details of part number valves that are available to be used as replacements, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 25 August 2014.

 

 

 

[Instrument number AD/ERJ-190/12 Amdt 1]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/ERJ-190/12 Amdt 1 – Hydraulic Shutoff Valves

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

Brazil and the AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL (ANAC) issued AD 2007-02-02 affecting Embraer ERJ-190 series aeroplanes in 2007. Brazil is the State of Design for this aircraft type. CASA subsequently issued AD/ERJ-190/12 to mandate the requirements of the AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL AD 2007-02-02. As a result of an enquiry from industry, CASA has been made aware of a deficiency in the requirements of the CASA AD. CASA has issued AD/ERJ-190/12 Amendment 1 to update the details of part number valves that are available to be used as replacements. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to update the details of part number valves that are available to be used as replacements.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/ERJ-190/12 Amendment 1, were introduced to address deficiencies in the hydraulic shutoff valves of Embraer ERJ-190 series aircraft registered in Australia. Enacted under the authority of the Civil Aviation Act 1988, these regulations aim to ensure the safety of air navigation by mandating updated specifications for hydraulic shutoff valves. The Australian Civil Aviation Safety Authority (CASA) issued this amendment following industry consultations and recognising the need to rectify inaccuracies in the original airworthiness directive. The policy objective is to enhance the safety and reliability of aircraft by ensuring that the correct parts are specified and used, thereby maintaining the continuing airworthiness of the aircraft in accordance with international standards.

Scope and Application

The AD/ERJ-190/12 Amendment 1, a legislative instrument under the Civil Aviation Safety Regulations 1998, applies specifically to the Embraer ERJ-190 Series aircraft, mandating the requirements of the foreign State of Design, Brazil, to ensure their continuing airworthiness. This amendment is issued by the Civil Aviation Safety Authority (CASA) following the identification of a deficiency in the previously issued AD/ERJ-190/12. The AD amends the details of part number valves available for use as replacements, thereby updating the regulatory requirements. This legislative instrument does not require further consultation under the Legislative Instruments Act 2003 as it is of a minor nature, updating existing arrangements without substantially altering them. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as confirmed by the Statement of Compatibility with Human Rights attached to the AD.

Key Provisions

The main operative sections of this legislative instrument, AD/ERJ-190/12 Amendment 1, pertain to the Civil Aviation Safety Regulations 1998 (CASR 1998) under section 98 of the Civil Aviation Act 1988. This amendment applies specifically to the Embraer ERJ-190 Series aircraft, addressing the hydraulic shutoff valves. Regulation 39.001 of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This AD is a legislative instrument, as outlined in subsection 98(5B) and (5BA) of the Act, unless it applies to a particular person, aircraft, or aeronautical product. The instrument amends and replaces the previous AD/ERJ-190/12, updating the details of part number valves available for replacements. The obligations and requirements imposed by this Act are primarily concerned with ensuring the continuing airworthiness of the Embraer ERJ-190 Series aircraft. CASA, as Australia's national airworthiness authority, must assess any foreign ADs issued before 1 October 2009 and, if appropriate, issue an Australian AD to mandate the requirements. This amendment responds to an industry enquiry about deficiencies in the earlier AD, updating the specifications for hydraulic shutoff valves that can be used for replacements. Additionally, the State of Design, in this case, Brazil, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of this AD. However, the overarching regulatory framework under which this AD operates includes significant consequences for non-compliance with airworthiness directives. Failure to comply with an AD can result in serious safety risks and may lead to aircraft being grounded or prohibited from flight until compliance is achieved. While the specific maximum penalties for breaches of ADs are not detailed in this legislative instrument, non-compliance generally falls under the broader regulatory framework of the Civil Aviation Act 1988 and associated regulations, which may include fines and other enforcement actions by CASA. The authority to issue and enforce ADs is intended to ensure the highest standards of safety and airworthiness are maintained in the aviation sector.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers
Repeal & Amendment

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.