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 has issued AD 2007-04-19 affecting Lycoming Engines 320, 360 and 540 series aircraft engines in 2007. USA is the State of Design for Lycoming engine types. FAA AD had errors in it and accordingly, as a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/LYC/118 Amendment 1, will become effective on 5 March 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, serves to regulate civil aviation within Australia, focusing on safety and efficiency in air navigation. This legislation, through its broad powers, enables the Governor-General to issue regulations in the interests of air navigation safety. One such regulation, outlined in 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. These ADs are instrumental in maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs are considered legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901.
In response to the issuance of a flawed airworthiness directive by the United States Federal Aviation Administration (FAA) concerning Lycoming engines, CASA has issued its own amended directive, AD/LYC/118 Amendment 1, to rectify the errors and ensure compliance with international airworthiness standards. This action underscores CASA's role in maintaining safety standards in Australia, despite the absence of public consultation due to the international nature of the issue. The directive is issued under the authority granted by the Civil Aviation Act 1988 and does not require a Regulatory Impact Statement, reflecting CASA’s commitment to timely and effective regulatory responses.
Scope and Application
The Civil Aviation Act 1988, as amended through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with specific safety requirements for particular types of aircraft or aeronautical products. This regulatory authority is exercised under section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations, with such directives being considered disallowable instruments under the Acts Interpretation Act 1901. Given that ADs are legislative instruments, they are issued in accordance with the provisions of the Legislative Instruments Act 2003. The ADs serve to ensure compliance with international standards under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing equivalent Australian ADs when necessary, as demonstrated in the case of the amended AD/LYC/118 Amendment 1 for Lycoming Engines 320, 360, and 540 series aircraft engines. While such directives are made in response to international obligations and do not require public consultation, they are critical in upholding aviation safety standards within Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). Specifically, regulation 39.001(5) establishes that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the USA for Lycoming engines, holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, Australia's Civil Aviation Safety Authority (CASA) is required to assess the information and, if necessary, issue an equivalent Australian AD to comply with international obligations.
The obligations under these regulations are primarily centred on ensuring the airworthiness of aircraft through the timely issuance and enforcement of ADs. CASA must review and assess ADs issued by the State of Design, ensuring they meet the safety standards set forth in international agreements. If an AD is deemed necessary, CASA must issue an Australian AD to mandate the required safety measures. This process is crucial for maintaining the safety of air navigation and ensuring that Australian-registered aircraft meet international safety standards. Additionally, CASA must ensure that any amendments or corrections to ADs are effectively communicated and implemented.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, operating an aircraft in violation of an AD can lead to civil penalties. The maximum penalty for such an offence is specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which includes fines and potential prosecution. Furthermore, non-compliance can also lead to the grounding of aircraft, which can have severe operational and financial repercussions for operators. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.