Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/LANCAIR/1 Amdt 1— Canopy Latching
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.
Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
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 International Civil Aviation Organization 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.
CASA issued AD/LANCAIR/1 to introduce inspections and modifications to the canopy latching system for certain Lancair series aeroplanes in 1994. As a result of a request from industry, CASA has issued AD/LANCAIR/1 Amdt 1 to remove certain Lancair models from the applicability of the AD as they have been identified as not being fitted with the forward hinged canopy configuration which the AD affects. The technical requirements of the AD remain unchanged. The amendment only limits the applicability to affected aircraft.
As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem.
Documents Incorporated by Reference
There are no documents incorporated by reference.
Consultation
This AD is being made at the request of industry, in particular an operator of the Lancair series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from limiting the list of models affected by the AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The AD has been made by a delegate of CASA relying on the power of delegation under sub regulation 11.260 (1) of CASR and subsection 94 (1) of the Act.
The instrument commences on 12 March 2021.
[Instrument number AD/LANCAIR/1 Amdt 1]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/LANCAIR/1 Amdt 1— Canopy Latching
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is an airworthiness directive (AD). AD/LANCAIR/1 Amdt 1 has been issued to limit the applicability of the AD to those Lancair models fitted with forward hinged canopy configurations only
As Australia is the State of Design for the type, the Civil Aviation Safety Authority (CASA) is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD sets out required remedial action to inspect and modify the canopy internal latching system on certain Lancair series aeroplanes.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority