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.
CASA issued AD/CON/60 in 1992 affecting Teledyne Continental (TCM) piston engines, extending the applicability of AD/LYC/90 and FAA AD 92-12-10 (Both applicable to Lycoming engines). The USA is the State of Design for Lycoming as well as TCM engines. As a result of an ATSB investigation report BO/200601291 into failure of a fuel line and FAA issuing AD 2002-26-01 superseding AD 92-12-10, CASA has amended this Australian unique AD to enhance an existing visual inspection requirement and to update FAA AD references. The amended AD, AD/CON/60 Amendment 1, will become effective on 31 August 2006. 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 the amendment is merely enhancing an existing visual inspection and has no impact on industry, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The AD has been 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.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for civil aviation safety in Australia, aiming to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for maintaining airworthiness. One of the key mechanisms within these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments that mandate safety measures for specific types of aircraft or aeronautical products. These ADs are crucial for ensuring the continuing airworthiness of aircraft, aligning with international standards as set out in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, is responsible for issuing these directives when necessary, particularly in response to actions taken by the State of Design or other Contracting States under the Convention. The issuance of AD/CON/60 Amendment 1 in 2006, for example, demonstrates CASA’s role in updating and enhancing existing safety measures to address emerging issues, while ensuring compliance with international obligations and maintaining the safety standards required under the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. ADs are issued in response to identified safety issues and are legally binding, ensuring compliance by the relevant industry entities. The AD/CON/60 Amendment 1, for example, pertains specifically to Teledyne Continental (TCM) piston engines, reflecting Australia's commitment to international obligations and ensuring uniformity in safety standards. This particular AD is a legislative instrument under the Legislative Instruments Act 2003 and is issued in accordance with the Civil Aviation Act 1988. The State of Design, in this case, the USA, has the responsibility for providing necessary information on continuing airworthiness, which CASA then assesses and implements through Australian ADs. The AD applies to all entities and persons operating TCM piston engines within Australia, with no specific exclusions or exemptions noted in this instance.
Key Provisions
The key provisions of the Civil Aviation Act 1988, specifically regarding the issue of airworthiness directives (ADs), are outlined in section 98, which allows the Governor-General to make regulations for the safety of air navigation, and in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which permits the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument. This means that ADs have legal force and are subject to disallowance procedures.
The obligations imposed by these provisions require CASA, as the national airworthiness authority, to assess information provided by the State of Design, especially when safety concerns arise that affect aircraft registered in Australia. CASA must then issue corresponding ADs to mandate the necessary safety measures. For example, when the USA, the State of Design for Lycoming and Teledyne Continental (TCM) engines, issues an AD, CASA must review this information and, if necessary, issue an Australian AD to ensure compliance with safety standards. This process ensures that aircraft in Australia meet international safety requirements.
In terms of compliance, any breach of the requirements set forth in an AD can result in serious consequences. Under the Civil Aviation Act 1988, failing to comply with an AD can be considered an offence. Such non-compliance may result in criminal or civil penalties. While the exact penalties are not specified in the provided text, it is common for breaches to incur fines or other legal sanctions. It is crucial for aircraft operators and maintenance providers to adhere to these directives to avoid potential legal repercussions.
Given the importance of airworthiness directives in maintaining safety standards, it is vital that all relevant parties understand their obligations under these regulations. CASA’s role in issuing and enforcing ADs is fundamental in ensuring that aircraft operating in Australian airspace meet the necessary safety criteria. Failure to comply with these directives not only endangers public safety but can also lead to significant legal consequences.