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 AD 2007-04-19 Revision 1, affecting Lycoming aircraft piston engines in 2007. 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 2. The amended AD, AD/LYC/118 Amendment 2, will become effective on 7 June 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 Commonwealth Parliament, serves as a foundational piece of legislation in the regulation of civil aviation within Australia. This Act provides the framework for the safety of air navigation and allows the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft and are a common regulatory tool among International Civil Aviation Organization (ICAO) Contracting States. The Act aims to align Australia's civil aviation practices with international standards, ensuring safety and consistency in the management of aircraft and aeronautical products. The issuance of ADs, including those in response to directives from the State of Design, reflects Australia’s commitment to international obligations and the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and they must be made in accordance with the Legislative Instruments Act 2003. ADs are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type holds the primary responsibility for its continuing airworthiness, while the State of Registry is tasked with implementing the necessary requirements for individual aircraft. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from States of Design. This ensures that Australian registered aircraft meet international safety standards. Exemptions or exclusions from ADs are not explicitly stated in the provided text, but the ADs are developed in response to international obligations and specific safety concerns, as evidenced by the recent amendment to the AD for Lycoming aircraft piston engines.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) concern the authority and procedure for issuing airworthiness directives (ADs) as stated in regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 further authorises the Governor-General to make such regulations for the safety of air navigation. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the CASR, CASA has a responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This includes issuing ADs when necessary, especially in response to directives issued by the State of Design, which, in the case of Lycoming aircraft piston engines, is the United States. CASA must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements stipulated by the State of Design. The ADs are intended to ensure that the aircraft maintain their airworthiness, in line with international standards set out in Annex 8 to the Convention on International Civil Aviation.
The CASR impose several obligations on CASA and other entities it governs. CASA must promptly assess and respond to ADs issued by the State of Design. If an Australian AD is issued, it must be in line with the requirements of the originating AD. Additionally, entities such as aircraft operators and owners must comply with the ADs by implementing the required modifications or checks to ensure the airworthiness of their aircraft. This compliance is critical to maintaining the safety standards required by international aviation regulations.
Breaches of the ADs can result in both civil and criminal consequences. Failure to comply with an AD can lead to penalties under section 90 of the Civil Aviation Act 1988, which allows CASA to impose fines. The specific amount of the fine is not prescribed in the text but can be significant, reflecting the seriousness of non-compliance with airworthiness directives. Additionally, continued operation of an aircraft that does not meet the AD requirements can result in enforcement actions, including the grounding of the aircraft, and in severe cases, criminal charges against the operators or owners of the aircraft. The exact penalties depend on the nature and severity of the breach but are intended to enforce strict adherence to airworthiness standards.