AD/LYC/89 Amdt 4 - Crankshaft Gear

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Legislation au F2014L01273 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/LYC/89 Amdt 4 — Crankshaft Gear

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design. AD/LYC/89 Amdt 4 applies to various models of Lycoming piston engines.

 

The United States of America Federal Aviation Administration (FAA) issued AD 2004-10-14 affecting various models of Lycoming piston engines in 2004. The United States of America is the State of Design for these engines. CASA subsequently issued AD/LYC/89 Amdt 3 to mandate the requirements of FAA AD 2004-10-14. As a result of a review of this AD and updated information regarding the issue of propeller strikes, CASA has issued AD/LYC/89 Amdt 4 to amend the compliance statement to more accurately reflect the circumstances which constitute a propeller strike event. This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the circumstances which constitute a propeller strike event, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 26 September 2014.

 

 

 

[Instrument number AD/LYC/89 Amdt 4]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/LYC/89 Amdt 4 – Crankshaft Gear

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The United States of America Federal Aviation Administration (FAA) issued AD 2004-10-14 affecting various models of Lycoming piston engines in 2004. The United States of America is the State of Design for these engines. CASA subsequently issued AD/LYC/89 Amdt 3 to mandate the requirements of FAA AD 2004-10-14. As a result of a review of this AD and updated information regarding the issue of propeller strikes, CASA has issued AD/LYC/89 Amdt 4 to amend the compliance statement to more accurately reflect the circumstances which constitute a propeller strike event. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to clarify the circumstances which constitute a propeller strike event.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, providing a legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, CASA is empowered to issue ADs to maintain the safety standards of aircraft and aeronautical products. AD/LYC/89 Amdt 4, issued by CASA, addresses a specific issue concerning various models of Lycoming piston engines, clarifying the conditions that constitute a propeller strike event. This amendment responds to a review of earlier ADs and updated information on propeller strikes, ensuring that safety regulations are accurately and effectively communicated. The objective of this legislative instrument is to enhance the clarity and precision of safety requirements, thereby contributing to the overall safety of air navigation in Australia.

Scope and Application

The AD/LYC/89 Amdt 4, issued under the Civil Aviation Safety Regulations 1998, applies to various models of Lycoming piston engines used in aircraft registered in Australia. This legislative instrument stems from a requirement under the Civil Aviation Act 1988 for ensuring the safety of air navigation and mandates specific compliance measures following a review of the original airworthiness directive issued by the United States Federal Aviation Administration in 2004. The AD/LYC/89 Amdt 4 specifically amends the previous Australian airworthiness directive to more accurately define the circumstances that constitute a propeller strike event. This legislative instrument is applicable nationally, ensuring that all relevant aircraft operators and maintenance entities within Australia comply with the updated safety requirements. Although the AD does not specify exclusions, it is primarily targeted at entities involved in the operation and maintenance of aircraft equipped with Lycoming piston engines. The AD is a legislative instrument that extends the regulatory oversight provided by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, thus ensuring compliance with international safety standards.

Key Provisions

The main operative sections of AD/LYC/89 Amdt 4 require the clarification of the circumstances that constitute a propeller strike event for certain models of Lycoming piston engines. This amendment to the AD comes as a result of a review of the previous AD/LYC/89 Amdt 3 and updated information about propeller strikes. Section 98 of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD). AD/LYC/89 Amdt 4 is an amendment to the previous AD, which mandates the requirements of FAA AD 2004-10-14. The AD imposes specific obligations on the parties and entities it governs. The primary obligation is for aircraft operators and owners to ensure that their Lycoming piston engines comply with the updated requirements outlined in AD/LYC/89 Amdt 4. This includes adhering to the clarified circumstances that constitute a propeller strike event and implementing any necessary maintenance or modifications to the crankshaft gear as per the updated AD. The AD also mandates CASA's responsibility to review and issue such amendments to ensure the continuing airworthiness of aircraft operating within Australia. There are potential consequences for non-compliance with AD/LYC/89 Amdt 4. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties. Specifically, the maximum penalty for non-compliance with an AD is 50 penalty units, which equates to approximately AUD 5,500 as of the time of writing. In addition to civil penalties, non-compliance with ADs can also lead to criminal charges if the non-compliance results in a breach of safety regulations, potentially leading to fines or imprisonment. It is essential for aircraft operators and owners to adhere to the updated requirements in AD/LYC/89 Amdt 4 to avoid these consequences and ensure the safety of air navigation. In summary, AD/LYC/89 Amdt 4 amends the previous AD to clarify the circumstances that constitute a propeller strike event for certain models of Lycoming piston engines. This legislative instrument imposes specific obligations on aircraft operators and owners to comply with the updated requirements and mandates CASA's responsibility to review and issue such amendments. Non-compliance with the AD can result in civil penalties, with a maximum penalty of 50 penalty units, and potentially criminal charges if the non-compliance leads to a breach of safety regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.