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 United States FAA issued AD 2000-18-53, affecting various Textron Lycoming piston engines in 2000. The United States is the State of Design for these types. The FAA subsequently issued AD 2002-12-07 to supersede AD 2000-18-53. CASA has amended the equivalent Australian AD, AD/LYC/105 Amdt 1 to reference FAA AD 2002-12-07. The amended AD, AD/LYC/105 Amendment 2, will become effective on 15 February 2013. 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.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to ensure the safety of air navigation within Australia. This legislation provides the framework for regulating civil aviation safety, with the overarching objective of protecting the public and promoting efficient air transport. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Complementing the Act are the Civil Aviation Safety Regulations 1998, which under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate certain actions to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The issuance of ADs is crucial in upholding safety standards, particularly in response to directives from the State of Design or as a requirement under international conventions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products under regulation 39.001. These ADs, which are legislative instruments, are mandated to ensure the continuing airworthiness of aircraft and are in line with obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the State of Design, which is responsible for the type of aircraft in question. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and issue corresponding Australian ADs as necessary. The ADs apply to aircraft registered in Australia and aim to maintain safety standards in compliance with international agreements. While the ADs are not subject to public consultation due to their international obligations, they do not require a Regulatory Impact Statement and are deemed compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that promote air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally binding legislative instruments, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which references the Acts Interpretation Act 1901. This process aligns with international standards, such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, like the United States for Textron Lycoming piston engines, bear responsibility for an aircraft type's continuing airworthiness and must provide necessary information to States of Registry. The State of Registry, in this case Australia, must then develop or adopt requirements to ensure the aircraft's ongoing airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of ADs issued by the State of Design, such as the United States, and the issuance of corresponding Australian ADs when necessary. This process ensures that Australian-registered aircraft meet international safety standards. For instance, CASA amended the Australian AD/LYC/105 Amendment 1 to reference the more recent FAA AD 2002-12-07, which superseded the earlier AD 2000-18-53. These amendments reflect the continuous efforts to maintain high safety standards in aviation.
The legislation also outlines consequences for non-compliance with ADs. While specific penalties are not detailed in the provided text, non-compliance with ADs can lead to severe civil or criminal consequences under the Civil Aviation Act 1988. Penalties may include fines, imprisonment, or both, depending on the severity of the breach and the potential risk posed to aviation safety. The AD process is governed by stringent requirements, ensuring that all parties involved adhere to the highest safety standards to protect passengers and crew.
Compatibility with human rights and freedoms is also addressed in the legislation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and the ADs themselves are compatible with human rights and freedoms, as they do not engage any applicable rights or freedoms. This compatibility ensures that the ADs do not infringe on the rights and freedoms of individuals while maintaining the highest standards of aviation safety.