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 2006-20-09 affecting Lycoming engines. The United States is the State of Design for these engines. Subsequently Lycoming issued an amendment to the service bulletin referenced in FAA AD 2006-20-09. As a result of a request, CASA has amended the equivalent Australian AD to AD/LYC/117 Amendment 1 which will become effective on 24 September 2009. 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, 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, enacted by the Australian Parliament, is designed to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail and governance in areas such as the issuance of airworthiness directives. These directives, which are legislative instruments, mandate specific safety measures and procedures for aircraft and aeronautical products to maintain their airworthiness. In compliance with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, the Australian Civil Aviation Safety Authority (CASA) issues airworthiness directives in response to directives from the State of Design, ensuring alignment with global safety standards. The process of issuing these directives is governed under section 84A of the Civil Aviation Act 1988, and while no public consultation is required due to the nature of international obligations, the directives are meticulously reviewed to uphold the highest safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all persons and entities involved in the operation and maintenance of aircraft registered in Australia, as well as the aeronautical products used within those aircraft. The ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft types, with CASA acting as the national airworthiness authority under these regulations. The ADs are issued in response to obligations under the Convention on International Civil Aviation and to align with directives issued by the State of Design, such as the United States in the case of Lycoming engines. While these ADs do not require public consultation or a Regulatory Impact Statement, they are crucial in maintaining the safety standards and ensuring compliance with international aviation safety protocols. The issuance of ADs is a process managed by CASA, reflecting Australia's commitment to international aviation safety standards and the continuous airworthiness of aircraft operating within its jurisdiction.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This regulatory power is exercised to ensure that aircraft maintain their airworthiness in accordance with safety standards and practices. Section 98 of the Civil Aviation Act 1988 supports this authority by allowing the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, as they are disallowable instruments, and they are managed under the Legislative Instruments Act 2003.
The obligations imposed by these ADs on the parties they govern, particularly on aircraft operators and maintenance organisations, are significant. Operators must ensure that their aircraft comply with all issued ADs, which may include specific maintenance actions, inspections, or modifications. Maintenance organisations must be knowledgeable about and implement these requirements when performing any maintenance on the affected aircraft. These obligations are underpinned by the responsibility of the State of Registry to ensure the continuing airworthiness of aircraft registered within its jurisdiction, as mandated under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a critical role in enforcing these obligations by issuing ADs based on assessments of information from the State of Design and other international sources.
Failure to comply with airworthiness directives can lead to serious legal consequences. Section 45 of the Civil Aviation Act 1988 outlines the penalties for non-compliance with airworthiness regulations. Civil penalties can include substantial fines, with the maximum penalty for corporations potentially reaching $5.25 million under section 192 of the Act. In addition to financial penalties, non-compliance can result in the suspension or revocation of an operator's certificate, leading to the grounding of aircraft. Criminal penalties can also apply, particularly in cases where non-compliance results in serious accidents or fatalities, with potential imprisonment for individuals responsible for the oversight of the non-compliant operations. CASA enforces these provisions rigorously to maintain the high safety standards required in civil aviation.