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.
The Civil Aviation Safety Authority or its predecessors issued AD/LTS/2 affecting AlliedSignal (Lycoming) LTS 101 series turbine engines. CASA has assessed this AD and as a result has cancelled Australian AD/LTS/2. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such airworthiness directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance procedures. CASA, as Australia’s national airworthiness authority, is mandated to assess continuing airworthiness information provided by the State of Design and, when necessary, issue Australian airworthiness directives to enforce these requirements. This regulatory mechanism is designed to align with the obligations of Australia under the Convention on International Civil Aviation, ensuring that airworthiness directives are issued and managed in accordance with international standards.
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) for specific types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. This authority applies to entities such as aircraft manufacturers and operators within Australia and pertains to the continuous airworthiness of aircraft registered in the country. CASA, acting as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing Australian ADs that mandate compliance with the State of Design's requirements. The application of these regulations is national in scope, ensuring that all aircraft and aeronautical products operating within Australia adhere to safety standards. Furthermore, ADs are considered legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Any exclusions or exemptions from these regulations would be explicitly detailed in subordinate instruments issued by CASA, which may further define specific operational or compliance criteria.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, with the primary objective of ensuring the safety of air navigation. Notably, under section 39.001(5) of the Regulations, ADs are classified as disallowable instruments, as per section 46A of the Acts Interpretation Act 1901, and they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type and to furnish any necessary information to ensure this airworthiness to the appropriate States of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements to guarantee the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the specific case of AD/LTS/2, which pertains to AlliedSignal (Lycoming) LTS 101 series turbine engines, CASA has assessed the directive and decided to cancel Australian AD/LTS/2. This cancellation, which will take effect on 27 August 2009, is due to the resolution of the unsafe condition that originally prompted the issuance of the AD. Given that this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
There are no offences, penalties, or civil/criminal consequences specified in the text for breach of these regulations. However, it is implicit that non-compliance with ADs could result in severe safety risks and potential legal repercussions, as the primary intent of these directives is to maintain the highest standards of airworthiness and safety. The AD in question was issued and subsequently cancelled by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Act.