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. USA is the State of Design for Lycoming engine types. CASA has assessed this AD and has issued Australian AD/LYC/118, which will become effective on 2 March 2007.
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 and ensure the safety of air navigation. The 1998 Civil Aviation Safety Regulations, which are made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are instrumental in maintaining the continuing airworthiness of aircraft and are aligned with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. The problem or gap this legislation addresses is the need for a cohesive and enforceable framework to ensure that aircraft within Australia's jurisdiction meet international safety standards. The policy objective of the ADs, such as AD/LYC/118 issued in response to a US Federal Aviation Administration directive, is to mandate safety measures and operational procedures that align with international obligations, without necessitating public consultation due to their regulatory nature.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to the Act and its regulations, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. This legislative mechanism is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. Consequently, CASA must evaluate any ADs issued by a State of Design, such as the United States for Lycoming engines, and issue corresponding Australian ADs to enforce these requirements. This legislative and regulatory structure ensures that Australian-registered aircraft meet international safety standards, with CASA acting as the national airworthiness authority to implement and enforce these standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly as they pertain to airworthiness directives (ADs), are found in sections 98 and 84A. Section 98 empowers the Governor-General to make regulations for the safety of air navigation, while section 84A outlines the process by which the Civil Aviation Safety Authority (CASA) may issue these ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that CASA can issue ADs for certain types of aircraft or aeronautical products, and subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901. This means that ADs, as legislative instruments, are subject to the provisions of the Legislative Instruments Act 2003.
Under these provisions, CASA has a responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This is achieved through the issuance of ADs, which mandate compliance with specific requirements to maintain the airworthiness of aircraft. For instance, the State of Design, which in this case is the USA, has issued an AD for Lycoming Engines 320, 360, and 540 series aircraft engines. CASA, as Australia’s national airworthiness authority, has assessed this AD and issued Australian AD/LYC/118, which will become effective on 2 March 2007. This AD is mandated by Australia’s obligations under the Convention on International Civil Aviation and in response to the AD issued by the relevant State of Design.
The obligations imposed by these provisions require CASA to assess and respond to ADs issued by the State of Design, ensuring that all necessary measures are taken to maintain the airworthiness of aircraft registered in Australia. This includes the issuance of corresponding Australian ADs, as demonstrated in the case of Lycoming Engines. Additionally, CASA must ensure that all stakeholders, such as aircraft operators and maintenance organisations, are informed about the requirements and timelines associated with these ADs. These obligations are critical in maintaining the safety standards required by international aviation conventions and regulations.
There are no specific offences or penalties outlined in the Civil Aviation Safety Regulations 1998 for failing to comply with ADs, but non-compliance can have serious consequences, including the potential for grounding of aircraft, legal action by CASA, and other regulatory penalties. The severity of these consequences can vary, but they are intended to ensure that all parties adhere to the safety requirements set forth by CASA. Failure to comply with an AD can lead to significant safety risks, potentially endangering passengers and crew, and compromising the overall safety of the aviation system.