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 2007-08-04 affecting Empresa Brasileira de Aeronáutica Embraer ERJ-190 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-190/4, which will become effective on 8 May 2008.
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, enacted by the Parliament of Australia, is the foundational legislation for regulating civil aviation in the country. This Act was introduced to ensure the safety and efficiency of air navigation and to establish a comprehensive regulatory framework for the aviation industry. One of its key provisions is the delegation of regulatory powers to the Civil Aviation Safety Authority (CASA), which was established to enforce these regulations effectively. Under section 98 of the Act, CASA has the authority to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments aimed at maintaining the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to ensure that all aircraft operating within Australia meet the highest safety standards, thereby protecting public safety and upholding Australia's international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 applies to all persons and entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and aviation service providers. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. ADs are legislative instruments that mandate specific safety requirements for particular types of aircraft or aeronautical products. The application of ADs is necessary to meet Australia’s obligations under the Convention on International Civil Aviation, particularly those related to the continuing airworthiness of aircraft types designed in other countries but registered in Australia. When a State of Design issues an AD, CASA must assess its relevance and, if necessary, issue an equivalent Australian AD. The ADs are issued without public consultation as they are based on international obligations and technical safety assessments. The ADs can be extended or restricted through subordinate instruments, and they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments, they are subject to the provisions of the Legislative Instruments Act 2003.
These airworthiness directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, and is required to provide necessary information to ensure that the aircraft remains airworthy to the appropriate States of Registry. The ADs issued by the State of Design are the primary means through which this information is disseminated. In turn, the State of Registry must implement or adopt the requirements set out in these directives to ensure the ongoing airworthiness of individual aircraft.
In the case of the Embraer ERJ-190 series aircraft, the Brazilian National Civil Aviation Agency (ANAC) issued AD 2007-08-04. As Brazil is the State of Design for these aircraft, CASA, as Australia's national airworthiness authority, assessed this directive and issued Australian AD/ERJ-190/4, effective from 8 May 2008. Given that this directive is issued in response to the State of Design's AD and aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was required for this specific AD. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was formulated by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act. This process underscores CASA's commitment to ensuring that Australian civil aviation remains safe and compliant with international standards. Failure to adhere to these airworthiness directives can result in significant legal and safety consequences, including the potential grounding of affected aircraft until the required actions are taken. The precise legal and financial penalties for non-compliance are not explicitly detailed in the provided text but can be inferred to be severe, given the critical nature of airworthiness compliance.