Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Approval — compliance with Airworthiness Directive (AD) 2009-26-11
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004 (3) (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an Airworthiness Directive (AD) for a particular kind of aircraft or aeronautical product.
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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.
The Federal Aviation Administration of the United States of America (FAA) as the State of Design for Ayres S-2R series aircraft , issued AD 2009-26-11 with an effective date of 24 February 2011. The AD deals with a particular type of aircraft. As a result of this new FAA AD CASA cancelled a related Australian AD/AC-SNOW/24 Amdt 5.
To ensure Australian operators can comply with FAA AD 2009-22-03, CASA has issued this approval of an AMOC that allows compliance to FAA AD 2009-26-11 by use of an alternative inspection method to that defined in the FAA AD.
Legislative Instruments Act
Subregulation 39.004 (3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004 (3) (a) is issued under subsection 98 (5A) of the Act.
Subsection 95 (5B) provides that an instrument issued under subsection 98 (5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98 (5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the mentioned aircraft with the FAA AD 2009-26-11.
The instrument commences on the day of registration.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number 11/1198]
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate civil aviation safety and efficiency in Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as well as providing a legal framework for the operation of aircraft and the certification of aviation personnel. The Civil Aviation Safety Regulations 1998 (CASR 1998) are integral to this Act, enabling the Civil Aviation Safety Authority (CASA) to approve means of compliance with Airworthiness Directives (ADs) issued by States of Design to ensure the continuing airworthiness of aircraft types registered in Australia. This legislative structure is critical in addressing the gap where international ADs need to be assessed and adapted to suit the specific regulatory environment of Australia, ensuring that Australian operators can comply with international safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to all persons, entities, and industries involved in civil aviation activities within Australia, ensuring safety and compliance with national and international standards. The Act authorises the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, for the safety of air navigation. Specifically, the Act and its subordinate regulations govern the continuing airworthiness of aircraft, including compliance with Airworthiness Directives issued by States of Design. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to approve means of compliance with such directives, ensuring Australian operators can meet international safety requirements. This legislative framework applies nationally, extending to all aircraft registered in Australia and those that are subject to directives from foreign design authorities, such as the Federal Aviation Administration in the United States. The Act does not specify exclusions or thresholds but relies on CASA's assessment to determine compliance. The legislative instrument for the approval of means of compliance, as in the case of AD 2009-26-11, is subject to parliamentary review under the Legislative Instruments Act 2003.
Key Provisions
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under this section, the Civil Aviation Safety Regulations 1998 (CASR 1998) were established, which in turn provide that CASA may approve, in writing, a means of compliance with an Airworthiness Directive (AD) for a particular kind of aircraft or aeronautical product, as specified in paragraph 39.004(3)(a). This means that CASA has the authority to approve alternative compliance methods for ADs, which are typically issued by the State of Design and are necessary to maintain the airworthiness of aircraft types.
The obligations under CASR 1998, particularly subregulation 39.004(3), require CASA to assess information from the State of Design and, if necessary, issue an approved means of compliance (AMOC) to ensure Australian registered operators can comply with ADs. For instance, the Federal Aviation Administration (FAA) issued AD 2009-26-11 for Ayres S-2R series aircraft, which CASA subsequently approved by issuing an AMOC to allow compliance through an alternative inspection method. This process ensures that Australian operators can meet international safety standards without necessarily adhering to the exact methods prescribed in the ADs issued by other states.
In the event of a breach of the requirements set forth in the Act or the CASR 1998, there are potential civil or criminal consequences. Although specific offences and penalties are not detailed in the given text, it is known that instruments issued under subsection 98(5A) of the Act, such as AMOCs, are legislative instruments and are subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that any approved means of compliance must adhere to legislative procedures and can be subject to scrutiny by Parliament. The consequences for non-compliance with these regulations could include fines, penalties, or other enforcement actions as stipulated by the relevant aviation safety legislation.
CASA has not undertaken consultation for the issuance of this AMOC, as the process adheres to the provisions of Part 39 of the CASR 1998. The AMOC facilitates compliance by Australian operators with the FAA AD 2009-26-11, ensuring that the aircraft remain airworthy under international standards. The instrument is effective from the day of its registration and was made by a delegate of CASA in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988, thereby maintaining the integrity and safety of air navigation within Australia.