AD/FSM/25 Amdt 4 - Lear Romec Fuel Pumps - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a regulatory framework governing aviation safety in Australia, with the overarching goal of ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) that mandate safety requirements for aircraft and aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft, as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Regulations 1998 provide the regulatory basis for CASA to issue such directives. Given the interconnected nature of international aviation, CASA must align Australian ADs with those issued by other ICAO Contracting States, such as the United States, to ensure uniformity and compliance with global safety standards. The authority to issue these directives is exercised by CASA under the oversight of the Governor-General, ensuring that they are made in the interests of aviation safety as stipulated by the Act.

Scope and Application

The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which pertain to the ongoing airworthiness of aircraft and aeronautical products. This Act applies to all persons and entities involved in the design, manufacture, maintenance, and operation of aircraft registered within Australia, including manufacturers, operators, and maintenance providers. The ADs are mandated to ensure compliance with safety standards and international conventions such as the Convention on International Civil Aviation, which designates the State of Design as having primary responsibility for ensuring the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, has the responsibility to assess the information provided by the State of Design and, if necessary, issue corresponding ADs for Australian-registered aircraft. The scope of the ADs extends nationally across Australia, adhering to international standards set by ICAO. Certain ADs may be cancelled or replaced based on assessments and international obligations, and while such actions are typically made without public consultation, they are subject to review by the Office of Regulatory Review to ensure compliance with regulatory processes.

Key Provisions

The main provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, allow the Governor-General to make regulations in the interest of air navigation safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) (section 98, regulation 39.001). An AD is a disallowable instrument under the Acts Interpretation Act 1901, meaning that it can be reviewed and potentially disallowed by Parliament. ADs are critical for ensuring the continuing airworthiness of aircraft and are issued by the State of Design in accordance with Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA must assess these directives and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. The obligations under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 place specific duties on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, is responsible for assessing and implementing ADs issued by the State of Design. The State of Registry, in this case, Australia, must ensure the continuing airworthiness of all aircraft registered within its territory by developing or adopting appropriate requirements. When a State of Design, such as the United States, issues an AD affecting aircraft on the Australian Register, CASA must evaluate this directive and issue a corresponding AD to maintain compliance with international standards. The legislation also outlines consequences for non-compliance with ADs. While specific offences and penalties are not detailed in this text, the issuance of ADs is a regulatory measure designed to enforce safety standards. Failure to comply with an AD can lead to civil or criminal penalties, as ADs are legally binding directives. The exact nature and severity of these penalties would be determined under the broader aviation safety laws and could include fines, suspension of airworthiness certificates, or other regulatory actions deemed necessary by CASA. The Civil Aviation Regulations 1998 also address the procedural aspects of issuing and cancelling ADs. In the case of the Lycoming Engines AD 2003-14-03, CASA has cancelled Australian AD/FSM/25, Amendment 4, and issued a new AD/LYC/110 to align with the FAA directive. This change is made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required for this specific AD cancellation. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing such directives. The AD was made by the Section Head – Systems Section, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.