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 2006-12-07, affecting Lycoming Engines, in 2006. USA is the State of Design for Lycoming Engines types. As a result of a request from industry, CASA has amended the equivalent Australian AD to amendment 2. The amended AD, AD/LYC/113 Amendment 2, will become effective on 3 August 2006. 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 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern the continuing airworthiness of aircraft and aeronautical products. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and must align with international standards set by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry. The ADs aim to mandate safety requirements as directed by the State of Design, ensuring compliance with international standards and maintaining the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments subject to disallowance, are intended to mandate safety requirements for aircraft and aeronautical products registered in Australia. The authority to issue ADs stems from the overarching responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, the State of Registry, which is CASA in Australia's case, must ensure that the aircraft meet continuing airworthiness standards. The issuance of ADs is also influenced by ADs from other contracting states, necessitating CASA's assessment and potential issuance of equivalent Australian ADs to enforce these standards. Notably, this particular AD, AD/LYC/113 Amendment 2, was issued in response to a US Federal Aviation Administration directive concerning Lycoming Engines, with no public consultation required due to its international obligations and the nature of ADs.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as referenced in the explanatory statement, involve the issuance of airworthiness directives (ADs) under section 98, and the implementation of these ADs by the Civil Aviation Safety Authority (CASA) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. Regulation 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching requirement is for CASA to ensure the continuing airworthiness of aircraft types and aeronautical products by issuing Australian ADs when necessary. This process is in line with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the airworthiness of an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to assess any ADs issued by the State of Design, and to issue corresponding Australian ADs if deemed appropriate. This obligation extends to ensuring that Australian ADs are in line with international standards and practices, thereby maintaining consistency and safety across the global aviation industry. CASA's role as Australia’s national airworthiness authority involves not only the assessment and issuance of ADs but also the enforcement of these directives to ensure compliance among operators and manufacturers of aircraft and aeronautical products.
In the case of the Lycoming Engines, the AD issued by the USA Federal Aviation Administration (FAA) in 2006 led to CASA issuing an equivalent Australian AD, AD/LYC/113 Amendment 2, which became effective on 3 August 2006. This AD was issued without public consultation, as determined by the Office of Regulatory Review, which found that ADs do not require a Regulatory Impact Statement. CASA, through the Manager of New Technologies and Systems in the Manufacturing, Certification and New Technologies Office, issued this AD in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that all necessary safety measures are communicated and enforced.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. While the explanatory statement does not specify the exact penalties, it is understood that failure to comply with an AD can result in serious legal ramifications. Such breaches may lead to civil or criminal penalties, including fines or imprisonment, depending on the severity and impact of the non-compliance. The regulations and the overarching Civil Aviation Act 1988 provide the framework for these enforcement actions, ensuring that all parties adhere to the safety standards set forth to protect the public and maintain the integrity of the aviation industry.