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 has issued AD 2008-19-05 affecting Engine Component Inc, (ECi) engine cylinders fitted to certain Lycoming 320, 360 and 540 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/LYC/119 which will become effective on
20 October 2008.
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, Systems and New Technologies, in the Airworthiness Engineering Group, 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 the foundational legislation governing civil aviation within Australia. The Act was designed to provide a comprehensive framework for ensuring the safety and efficiency of air navigation and aircraft operations, thereby addressing gaps in prior aviation legislation and aligning Australia’s regulatory regime with international standards. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further define the safety requirements and regulatory processes. The Civil Aviation Safety Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with specific safety standards. The policy objective underpinning these regulations is to maintain and enhance the safety of air navigation through stringent oversight and the timely dissemination of safety-critical information.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These regulations enable CASA to mandate specific requirements for types of aircraft or aeronautical products, thereby ensuring compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. An AD is a disallowable instrument, treated as a legislative instrument under the Legislative Instruments Act 2003. This legislation applies to all entities and individuals involved in the aviation industry in Australia, including aircraft operators, manufacturers, and maintenance service providers. The geographic scope of this Act is national, extending to all aircraft registered in Australia, irrespective of the State of Design. Any exclusions or exemptions from these regulations are not explicitly detailed in the explanatory statement, but they are subject to international obligations and standards under ICAO agreements. The effectiveness of these regulations can be further refined through subordinate instruments, which may provide additional details or modifications to the primary legislative framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, where the Governor-General has the power to make regulations in the interests of the safety of air navigation. Such directives are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the appropriate States of Registry. In turn, the State of Registry must implement measures to ensure the continuing airworthiness of individual aircraft. For example, when the United States Federal Aviation Administration (FAA) issues an AD concerning engine components for certain Lycoming engines, CASA must assess this information and issue an Australian AD if deemed necessary. The Australian AD, such as AD/LYC/119, becomes effective on a specified date, in this case, 20 October 2008.
Given that these directives arise from international obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, there is no requirement for consultation with the Australian public. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The issuance of such an AD is executed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, non-compliance with airworthiness directives can result in significant consequences. Operators who fail to adhere to the requirements of an AD may face enforcement actions under the Civil Aviation Act 1988. This can include penalties for operating an aircraft that does not meet the airworthiness standards specified by the AD. In severe cases, CASA may take action to ground non-compliant aircraft, potentially leading to flight cancellations or restrictions on operations. The financial and operational implications for non-compliance can be substantial, underscoring the importance of adhering to ADs to maintain aviation safety standards.