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.
FAA issued AD 2002-26-01 affecting Lycoming engines in 2002. The USA is the State of Design for Lycoming engines. As a result of FAA issuing AD 2002-26-01 and as a result of an ATSB investigation report BO/200601291 into the failure of a Lycoming fuel line, CASA has amended this Australian unique AD to enhance an existing visual inspection requirement and to make reference to the latest FAA AD. The amended AD, AD/LYC/90 Amendment 1, will become effective on 31 August 2006. 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 the amendment is merely enhancing an existing visual inspection and has no impact on industry, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that such 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 establish the legal framework for civil aviation in Australia. One of its key provisions allows the Governor-General to create regulations that prioritise the safety of air navigation. Complementing this act, the Civil Aviation Safety Regulations 1998, also created by the Parliament, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. CASA's role is to assess directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate these requirements. This regulatory structure is designed to maintain high safety standards in civil aviation, reflecting Australia's commitment to international aviation safety norms.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) within Australia, ensuring that all aircraft registered in Australia meet required safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, serve to mandate safety requirements that must be met to ensure the continuing airworthiness of aircraft. The State of Registry, which in this context is Australia, is responsible for enforcing these ADs on aircraft registered within its jurisdiction. This includes adopting and implementing ADs issued by the State of Design, such as the Federal Aviation Administration (FAA) in the United States, to address specific safety concerns. The ADs are developed in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires the State of Registry to ensure compliance with the ADs issued by the State of Design. This legislative framework ensures that all stakeholders in the aviation industry adhere to stringent safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulations) under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done to ensure compliance with safety standards and the continuing airworthiness of aircraft registered in Australia. According to regulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments under section 6 of the Legislative Instruments Act 2003. An example of this is AD/LYC/90 Amendment 1, which addresses Lycoming engines and updates a visual inspection requirement following an investigation into a fuel line failure. This amendment is a result of both Australia’s obligations under the Convention on International Civil Aviation and the need to enhance safety based on international directives.
The obligations imposed by the ADs on the parties governed by the Act include adherence to the specific safety requirements outlined in the directives. For the State of Design, this means providing necessary information to ensure the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. For the State of Registry, which in Australia’s case is CASA, the obligation is to assess the information from the State of Design and, if necessary, issue corresponding ADs to enforce those requirements within its jurisdiction. CASA's responsibility also includes ensuring that Australian aircraft meet international safety standards by issuing ADs that align with those from other contracting states. The State of Registry must develop or adopt requirements that ensure the continuing airworthiness of aircraft, thus maintaining high safety standards across the aviation industry.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for breaching ADs within the provided text. However, non-compliance with ADs can potentially result in serious legal ramifications, as ADs are designed to maintain the highest safety standards. In general, failing to adhere to an AD could lead to actions such as grounding of the aircraft, revocation of airworthiness certificates, and possibly criminal charges under other relevant legislation. Although the provided text does not specify maximum penalties, non-compliance can result in significant consequences for both the operators and manufacturers of aircraft, including financial penalties, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety.