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/91 affecting Lycoming piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/LYC/91. 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 provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of aviation. One significant aspect of this legislation is the ability for the Governor-General to make regulations under section 98 to promote the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this authority, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), the national airworthiness authority, to ensure the continuing airworthiness of aircraft. These ADs, which are legislative instruments subject to disallowance, are aligned with Australia’s international obligations under the Convention on International Civil Aviation. This approach ensures that CASA, as the State of Registry, can mandate necessary requirements to maintain aircraft safety in accordance with international standards set by the States of Design. The ADs serve as a crucial tool in maintaining the high standards of aviation safety and continuing airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework within which airworthiness directives (ADs) are issued and managed in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, under regulation 39.001, to ensure the safety of air navigation. Such ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, which include Australia. CASA, acting as Australia's national airworthiness authority, is required to assess the information provided by the State of Design and, if necessary, issue Australian ADs to enforce these requirements. This process ensures that the aviation safety standards are maintained in accordance with international obligations and domestic safety protocols.
Key Provisions
The key provisions of this legislation revolve around the issuing and managing of airworthiness directives (ADs) under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations, ensuring the safety of air navigation. Regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia. When a State of Design issues an AD, CASA is required to assess the information and issue an Australian AD if appropriate, mandating the requirements of the State of Design.
There are no specific offences or penalties outlined in the provided text regarding the breach of these ADs or their cancellation. However, the safety and compliance with ADs are integral to maintaining the airworthiness of aircraft. Non-compliance with these directives could potentially lead to aircraft being deemed non-airworthy, resulting in severe civil or criminal consequences under broader aviation safety laws.
The cancellation of AD/LYC/91, affecting Lycoming piston engines, is a result of 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 Best Practice Regulation. This AD cancellation is managed by the Manager, Future Technology and Regulatory Trends, within CASA, in line with subsection 84A(2) of the Act.