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 2011-26-04 affecting Lycoming fuel injected horizontally opposed piston engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/LYC/90, Amendment 2, which will become effective on 25 January 2012. This AD cancels and replaces the previous issue.
This AD is issued because CASA considers it appropriate to do so in view of Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has taken place because it is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to establish a comprehensive legal framework for civil aviation safety, with a primary focus on ensuring the safety of air navigation. This legislation provides the authority for the creation of regulations that govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs) as stipulated under section 98. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, further detail the processes for issuing ADs, which are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products. The policy objective of these regulations is to align with Australia's international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft and the dissemination of safety-related information. The ADs are issued in response to directives from the State of Design or other relevant authorities, ensuring that Australian aviation standards are maintained in line with international best practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, encompasses the regulation of civil aviation safety in Australia, particularly focusing on the issuance of airworthiness directives (ADs). Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs, which are legislative instruments, to ensure the continuing airworthiness of aircraft and aeronautical products. This applies to entities and individuals involved in the design, manufacture, and operation of aircraft within Australia. The ADs are issued in compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry is responsible for the individual aircraft. The ADs serve as a crucial mechanism to mandate safety requirements and ensure that all parties adhere to these standards to maintain the safety of air navigation.
The application of these ADs is both national and international, as they are often issued in response to directives from the State of Design, such as the United States in the case of Lycoming fuel injected horizontally opposed piston engines. This specific AD, issued by CASA, replaces and cancels previous versions, reflecting the continuous effort to align Australian aviation safety standards with international obligations. The ADs do not require public consultation or a Regulatory Impact Statement, given their technical nature and immediate safety implications. The legislation ensures compatibility with human rights and freedoms as recognised in international instruments, although the ADs themselves do not engage any specific rights or freedoms beyond the technical requirements necessary for aviation safety.
Key Provisions
The Civil Aviation Act 1988, as amended, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are detailed in subregulation 39.001(5), which stipulates that they are disallowable instruments under the Acts Interpretation Act 1901. As such, they are also legislative instruments under the Legislative Instruments Act 2003.
Under these regulations, CASA, as Australia's national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This involves assessing and implementing ADs issued by the State of Design, which holds the overall responsibility for the continuing airworthiness of the aircraft type. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which CASA enforces through the issuance of Australian ADs. For instance, in response to the United States Federal Aviation Administration's (FAA) AD 2011-26-04 concerning Lycoming fuel-injected horizontally opposed piston engines, CASA has issued Australian AD/LYC/90, Amendment 2, effective from 25 January 2012. This action is taken to comply with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
The ADs issued by CASA carry specific obligations for the parties they govern. Aircraft operators must comply with the requirements set out in the ADs to ensure the safety and airworthiness of their aircraft. Failure to adhere to these directives can result in serious safety risks, including the potential grounding of affected aircraft. CASA monitors compliance through regular inspections and audits, ensuring that all necessary actions are taken to address any identified issues.
Non-compliance with ADs can lead to severe consequences, both civil and criminal. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to enforce compliance through various means, including fines and other penalties. The severity of these penalties can vary depending on the nature and extent of the breach. For example, operating an aircraft that does not comply with an AD could result in substantial fines and potential criminal charges. Additionally, individuals or entities found to be in breach of ADs may face legal action, including the imposition of administrative penalties as outlined in the Civil Aviation Safety Regulations 1998. These measures are designed to ensure that all stakeholders maintain the highest standards of safety and airworthiness.