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 has raised AD/LA-4/23 Amendment 1 to correct an unsafe situation on Lake LA-4 aircraft. Because they are amphibians, and because Australian operators predominantly operate from salt water, the type is prone to serious corrosion in the wing carry through structure. The State of Design for this type, the USA, has not yet taken action to correct this unsafe condition. As there are several examples of the LA-4 on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has not consulted with the Australian industry and public on this amendment, because the effect of this amendment is to reduce the burden on operators by substituting an inspection methodology which avoids any need to remove the wings to do the inspection.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The 1988 Act empowered the Governor-General to make regulations that would safeguard the interests of air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were introduced, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure their continued airworthiness. This legislative framework aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to be responsible for the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when required, ensuring the safety and compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The application of these regulations is national, reflecting Australia's commitment to international standards set by ICAO, particularly under Annex 8, which places the responsibility for continuing airworthiness on the State of Design and State of Registry. In the case of the Lake LA-4 aircraft, CASA issued AD/LA-4/23 Amendment 1 to address an unsafe condition identified in Australian operations, as the State of Design had not acted. This directive is specific to aircraft registered in Australia and aims to mitigate the risk of corrosion without imposing additional burdens on operators.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue such directives stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations in the interest of air navigation safety.
Under these regulations, the State of Design holds responsibility for ensuring the continuing airworthiness of aircraft types, including providing necessary information to the States of Registry. The State of Registry, in turn, is responsible for maintaining the airworthiness of individual aircraft registered within its jurisdiction. CASA, acting as Australia's national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. This process is particularly relevant in cases where the State of Design fails to address unsafe conditions.
CASA has issued AD/LA-4/23 Amendment 1 to address a significant safety issue concerning Lake LA-4 aircraft. These amphibian aircraft, commonly operated in Australian saltwater environments, are prone to severe corrosion in the wing carry-through structure. The United States, as the State of Design, has yet to take corrective action. Given the presence of several LA-4 aircraft on the Australian register, CASA has developed an AD to rectify this problem for Australian-registered aircraft. This AD was issued without consultation with the industry or the public, as the amendment aims to ease the operational burden on aircraft operators by introducing an inspection method that does not require the removal of the wings.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties. The maximum penalty for contravening an AD is 200 penalty units, which equates to approximately AUD 33,000 at the time of writing. Additionally, CASA has the authority to ground non-compliant aircraft, which can significantly disrupt operations. In more severe cases, where non-compliance is deemed to pose a substantial risk to safety, criminal charges may be pursued, resulting in fines of up to 5000 penalty units (approximately AUD 825,000) and/or imprisonment for up to five years.