CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 American Federal Aviation Administration (FAA) issued AD 2003-14-03, affecting Lycoming Engines, in 2004. 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 1. The amended AD, AD/LYC/110 Amendment 1, will become effective on 17 March 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, empowers the Governor-General to issue regulations that support the Act's objectives. Specifically, the Act provides for the creation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are instrumental in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with the State of Design's responsibilities under Annex 8 of the Convention on International Civil Aviation. The Act mandates CASA, as Australia’s national airworthiness authority, to issue corresponding ADs when necessary, reflecting Australia's commitment to international safety standards. The ADs are issued without public consultation as they respond to international obligations and directives from the relevant State of Design. The process is overseen by CASA, ensuring the directives meet regulatory standards and are implemented in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, particularly concerning the issuance of airworthiness directives (ADs). These directives, which are instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are issued in the interests of ensuring the safety of air navigation. The Act applies to the issuance of ADs for specific kinds of aircraft or aeronautical products and encompasses both Commonwealth and international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for continuing airworthiness with the State of Design and mandates the State of Registry to ensure aircraft remain airworthy. CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as the FAA in the case of Lycoming Engines, by assessing and, if necessary, issuing an Australian AD to mandate the requirements. The ADs are legally binding, and while they are not subject to public consultation or a Regulatory Impact Statement, they are issued in accordance with the Act and related regulations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Within this framework, 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 directives are essential tools for maintaining the safety and airworthiness of aircraft and are issued under the authority of the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry.
The obligations under the Civil Aviation Act and its regulations are multifaceted. The State of Design, which is responsible for the initial design and airworthiness of the aircraft type, must provide necessary information to ensure the continuing airworthiness of that type. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure that the aircraft remain airworthy. In Australia, CASA acts as the national airworthiness authority and must assess the information provided by the State of Design. If necessary, CASA must issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with airworthiness directives can have serious legal consequences. Under the Civil Aviation Act, breaches of ADs can result in civil or criminal penalties. For civil penalties, CASA can issue infringement notices for minor breaches or initiate proceedings in the Federal Circuit Court of Australia for more serious breaches. Criminal penalties may include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the breach. The maximum penalties for serious offences can be significant, reflecting the critical importance of adhering to ADs to maintain safety in air navigation.
The Civil Aviation Regulations also outline specific procedures for the issuance and amendment of ADs. For instance, the AD issued for Lycoming Engines, amended from AD 2003-14-03 to AD/LYC/110 Amendment 1, was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA. This AD was issued in response to the American Federal Aviation Administration's (FAA) directive and became effective on 17 March 2005. Because it is issued in compliance with international obligations and does not require public consultation, no Regulatory Impact Statement was necessary. The AD cancels and replaces the previous issue, ensuring that all stakeholders are informed of the updated requirements.