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 USA FAA issued 98-02-08, affecting Lycoming O-320 and O-360 aircraft engines in 1998. USA is the State of Design for Lycoming Engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 3. The amended AD, AD/LYC/102 Amendment 3, will become effective on 15 February 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, 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, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. A significant gap this Act aimed to address was the need for comprehensive regulations to manage the airworthiness of aircraft and aeronautical products, ensuring they meet safety standards. One of the key provisions of this Act is the authority for the Governor-General to make regulations for the purposes of the Act, particularly in relation to air navigation safety. Under these regulations, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework ensures that Australia adheres to international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue corresponding ADs to enforce the safety requirements set forth by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended under section 98 of 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, thereby ensuring the safety of air navigation. These regulations apply to all aircraft registered in Australia, mandating that the State of Registry is responsible for the continuing airworthiness of each individual aircraft, while the State of Design holds overall responsibility for the type of aircraft. In practice, this means that when the United States Federal Aviation Administration (FAA) issues an AD, such as 98-02-08 for Lycoming O-320 and O-360 aircraft engines, CASA must review this information and, if deemed necessary, issue an equivalent Australian AD to enforce the requirements within the Australian context. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003, and thus are subject to disallowance under the Acts Interpretation Act 1901. These airworthiness directives are integral to fulfilling Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation is required for their issuance. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for ensuring compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to evaluate ADs issued by the State of Design, which is the country responsible for the design of the aircraft or product in question. In this case, the United States of America (USA) is the State of Design for Lycoming O-320 and O-360 aircraft engines. When the USA FAA issued AD 98-02-08 in 1998, CASA assessed the information and, in response to a request from the industry, amended the equivalent Australian AD to Amendment 3. This Australian AD, AD/LYC/102 Amendment 3, will become effective on 15 February 2007 and replaces the previous AD. Since this AD aligns with Australia’s obligations under the Convention on International Civil Aviation and responds to an AD from the relevant State of Design, no public consultation was necessary.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties governed by these provisions. The State of Design, in this case the USA, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to enforcement actions by CASA. The severity of the consequences depends on the nature and extent of the non-compliance. Civil penalties can be imposed for breaches, with maximum fines stipulated in the Act. In more serious cases, criminal penalties may apply, including imprisonment, reflecting the critical nature of airworthiness and safety in aviation. It is essential for all parties involved to adhere strictly to the requirements set out in these regulations to ensure the safety and integrity of air navigation.