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/95 affecting Lycoming piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/LYC/95. 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation and aircraft operations. To this end, the Act empowers the Governor-General to make regulations for the Act’s purposes and for the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. These airworthiness directives serve as a critical mechanism for ensuring the continuing airworthiness of aircraft types, aligning with international obligations under the Convention on International Civil Aviation. CASA’s role involves assessing information from the State of Design and, when necessary, issuing corresponding Australian ADs to mandate compliance with safety requirements.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, sets out the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all aircraft and aeronautical products within Australia and mandate CASA's role in assessing and issuing directives that align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. Specifically, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess information provided by the State of Design and, if necessary, issue corresponding Australian ADs. The ADs are considered legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. Notably, this legislative framework does not require public consultation or a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation. The authority to issue these directives is exercised by CASA under the oversight of the Manager, Future Technology and Regulatory Trends, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per regulation 39.001 (section 98 of the Civil Aviation Act 1988). These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, and their issuance is guided by the principles of the Convention on International Civil Aviation (ICAO) detailed in Annex 8. The State of Design, which is responsible for the overall airworthiness of a specific aircraft type, must provide necessary information to ensure the continuing airworthiness of that type, and the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft registered within its jurisdiction.
In accordance with these provisions, CASA has assessed the airworthiness directive AD/LYC/95, which originally pertained to Lycoming piston engines. Based on the assessment, CASA has decided to cancel this directive. The cancellation will take effect on 27 August 2009. This decision aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement. The AD was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, under subsection 84A(2) of the Civil Aviation Act 1988.
The obligations imposed by these regulations include ensuring that the State of Design provides all necessary information to maintain the airworthiness of aircraft types, and that the State of Registry adopts appropriate requirements to maintain the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and decide whether to issue corresponding Australian ADs. The cancellation of an AD, such as AD/LYC/95, signifies that the unsafe condition identified by the directive no longer exists, thereby negating the need for regulatory action.
There are no specific offences or penalties outlined in the text for non-compliance with ADs or their cancellation. However, failure to comply with ADs could potentially lead to broader safety concerns and legal ramifications under the Civil Aviation Act 1988, including the potential for CASA to take enforcement action against non-compliant aircraft or operators. The legislative framework ensures that the airworthiness of aircraft is maintained through the timely issuance and enforcement of ADs, ultimately serving to protect public safety in aviation.