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, CASA amended this Australian unique AD in August 2006 to enhance visual inspection requirements and to update FAA AD references. Amendment 1 was later found to contain a typo-graphical error. The amended AD, AD/CON/60 Amendment 2, corrects noted typo-graphical error and will become effective on 23 November 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 Australian Parliament, establishes a framework to ensure the safety of civil aviation, including airworthiness standards. To address the need for consistent and enforceable airworthiness regulations, the Civil Aviation Safety Regulations 1998 were created under the authority of the Act, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments, issued to mandate specific requirements for maintaining the airworthiness of aircraft and aeronautical products, ensuring they meet safety standards. The issuance of these directives is driven by the State of Design's responsibility under the Convention on International Civil Aviation to provide necessary information for continuing airworthiness. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian directives when foreign directives affect aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products to ensure the safety of air navigation. This legislative framework applies to all entities involved in the design, manufacture, registration, and operation of aircraft within Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). ADs are particularly pertinent to the State of Design and the State of Registry of an aircraft, mandating ongoing airworthiness requirements. While ADs are legislative instruments and subject to disallowance, they do not typically require public consultation due to their limited impact on industry and compliance with international conventions. CASA’s role in issuing and amending such directives, as seen in AD/CON/60 and its amendments, underscores the regulatory body’s commitment to maintaining stringent safety standards in aviation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) are sections 39.001 and 39.001(5) (Civil Aviation Safety Regulations 1998). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This regulation is grounded in the overarching authority granted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. Section 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA, which is mandated to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design—such as the United States for Lycoming and Teledyne Continental (TCM) engines—CASA must assess the information and, if appropriate, issue an Australian AD. This ensures that the requirements of the State of Design are mandated in Australia. CASA's role extends to updating these directives to correct any errors, such as the typographical error in the initial amendment of AD/CON/60, which was subsequently corrected in Amendment 2.
In terms of legal consequences, breaches of ADs are taken very seriously as they directly impact the safety of air navigation. Although the specific offences and penalties are not detailed in the given text, non-compliance with ADs can generally lead to severe civil and criminal penalties under the Civil Aviation Act 1988. These penalties can include fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. The seriousness of these consequences underscores the importance of adhering to ADs to maintain the high safety standards required in civil aviation.
Given the critical nature of ADs, CASA ensures that the process for issuing and amending these directives is both thorough and transparent. This involves close coordination with the State of Design and other relevant international authorities, as seen in the amendment of AD/CON/60. Although the text indicates that no public consultation was necessary for this specific AD, CASA remains committed to regulatory practices that uphold the highest standards of aviation safety. The legislative framework thus ensures that any amendments or new directives are implemented with due diligence, safeguarding the interests of all stakeholders involved in civil aviation.