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 Civil Aviation Safety Authority or its predecessors issued AD/LYC/87 affecting Lycoming piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/LYC/87. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation 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 was enacted to regulate civil aviation within Australia, ensuring safety and security in the operation of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act, and these regulations are intended to protect the safety of air navigation. Under this framework, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The ADs are considered legislative instruments and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for assessing ADs issued by the State of Design and, when necessary, issuing Australian ADs to ensure compliance with Australian regulations. In the case of AD/LYC/87, which affected Lycoming piston engines, CASA cancelled the AD as the unsafe condition it addressed no longer exists. This cancellation was made in line with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are essential for ensuring the safety of air navigation. Under the authority of section 98 of the Act, the Governor-General can enact regulations that pertain to the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated by the State of Design for the continuing airworthiness of aircraft types, and CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs based on information provided by the State of Design. This legislation applies to aircraft registered in Australia, ensuring that the continuing airworthiness of such aircraft is maintained according to international standards set by the Convention on International Civil Aviation. The application of this Act extends nationally across Australia, and it encompasses all aircraft and aeronautical products subject to the ADs issued under its authority.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that contribute to the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework ensures that all aircraft and related products maintain their airworthiness through prescribed safety measures.
Compliance with these ADs is mandatory for all parties involved, including aircraft operators, maintenance organisations, and individuals responsible for the maintenance of aircraft. These directives provide detailed instructions on the identification of potentially unsafe conditions, the necessary corrective actions, and the timeframes within which these actions must be completed. The State of Registry, which is responsible for the continuing airworthiness of each individual aircraft, must ensure adherence to these directives and implement any required changes to maintain the aircraft's airworthiness.
The consequences of failing to comply with ADs are significant. Non-compliance can lead to severe civil or criminal penalties. The severity of these penalties can vary, but they may include substantial fines and imprisonment. For example, under section 19 of the Civil Aviation Act 1988, a person who contravenes an AD may face fines up to $198,000 for individuals and $990,000 for corporations, alongside potential imprisonment for up to five years. Additionally, CASA has the authority to ground non-compliant aircraft, which can further exacerbate the financial and operational consequences for the operators.
In the case of AD/LYC/87 affecting Lycoming piston engines, CASA has assessed the need for this directive and decided to cancel it, effective from 27 August 2009. This decision was based on the resolution of the unsafe condition that originally prompted the AD. Given that the unsafe condition no longer exists, no replacement AD is necessary. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, which places the responsibility of ensuring continuing airworthiness on the State of Design. Consequently, CASA, as Australia's national airworthiness authority, has exercised its regulatory powers to reflect the current safety status of the affected aircraft engines.