AD/LANCAIR/1 Amdt 1 Canopy Latching

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00217 Not in force Legislative Instrument

Legislation content

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 1Canopy 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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation in Australia, aligning with international standards and conventions, particularly the Convention on International Civil Aviation. This regulatory framework is overseen by the Civil Aviation Safety Authority (CASA), which has the authority to issue airworthiness directives under section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 aim to address safety concerns and ensure compliance with continuing airworthiness requirements. AD/LANCAIR/1 Amdt 1, issued by CASA, is a legislative instrument responding to a specific safety concern identified in certain Lancair series aeroplanes. This amendment was introduced following a request from the industry to refine the scope of an earlier directive, AD/LANCAIR/1, by excluding Lancair models not equipped with the forward hinged canopy configuration affected by the original directive. The amendment maintains the technical requirements of the initial directive but limits its applicability to aircraft with the specified canopy configuration, thus enhancing safety without imposing unnecessary modifications on unaffected aircraft.

Scope and Application

The AD/LANCAIR/1 Amdt 1 is an amendment to an existing airworthiness directive issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The amendment limits the scope of the original directive AD/LANCAIR/1, which pertains to inspections and modifications of the canopy latching system for certain Lancair series aeroplanes. Specifically, the amendment removes certain Lancair models from the applicability of the directive as these models do not feature the forward hinged canopy configuration that the directive affects. This amendment is a response to a request from industry, particularly an operator of the Lancair series aircraft, and serves to refine the directive’s applicability while keeping the technical requirements unchanged. The AD applies to aircraft registered in Australia and is consistent with international civil aviation standards as outlined in Annex 8 to the Convention on International Civil Aviation. As Australia is the State of Design for the Lancair aircraft type, CASA is responsible for ensuring the continuing airworthiness of these aircraft and must develop appropriate airworthiness directives to address identified safety issues. The amendment does not require further consultation or a Regulation Impact Statement as it is deemed minor and does not substantially alter existing arrangements. The instrument is compatible with human rights as it does not engage any applicable rights or freedoms, and it complies with the requirements under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) as amended by AD/LANCAIR/1 Amdt 1 pertain to the safety of certain Lancair series aeroplanes, particularly those with forward hinged canopy configurations. Section 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) to address safety issues in aircraft or aeronautical products. AD/LANCAIR/1 Amdt 1, specifically, amends AD/LANCAIR/1 to exclude certain Lancair models from its scope. Despite this amendment, the technical requirements for inspections and modifications to the canopy latching system remain unchanged. These directives are essential to ensure that the aircraft maintain their airworthiness, particularly concerning the canopy's structural integrity and safety. The AD imposes clear obligations on the parties it governs. Operators of the affected Lancair series aeroplanes must comply with the technical requirements outlined in AD/LANCAIR/1. This includes conducting the specified inspections and making the necessary modifications to the canopy internal latching system. CASA, as the State of Design, is responsible for developing and disseminating these ADs to ensure the continuing airworthiness of aircraft within and beyond Australia. Compliance with these directives is mandatory, and failure to adhere to the AD could result in the aircraft being deemed unairworthy, potentially leading to grounding and further regulatory actions. The AD does not explicitly state specific offences, penalties, or consequences for non-compliance, but it is clear that failure to comply with airworthiness directives can have serious ramifications. Non-compliance could result in the aircraft being deemed unsafe to fly, leading to grounding and possible enforcement actions by CASA. Additionally, operators may face legal consequences under the Civil Aviation Act 1988, which could include fines and other penalties for operating an aircraft that does not meet the required safety standards. The precise penalties would be determined in accordance with the broader regulatory framework and any relevant aviation safety regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.