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/96 affecting Lycoming piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/LYC/96. 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 ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations for air navigation safety, as well as establishing the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority. Under section 98 of the Act, and in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These directives are legislative instruments and must comply with the Legislative Instruments Act 2003. The ADs serve to address issues related to the continuing airworthiness of aircraft, ensuring compliance with the Convention on International Civil Aviation. The AD/LYC/96, issued by CASA concerning Lycoming piston engines, has been cancelled due to the resolution of the unsafe condition, and will become effective on 27 August 2009, with no replacement AD required.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. The ADs are legislative instruments and fall under the purview of the Acts Interpretation Act 1901, where they are considered disallowable instruments. These directives are a key mechanism through which states ensure the continuing airworthiness of aircraft, with the State of Design bearing the primary responsibility for the airworthiness of an aircraft type and the State of Registry being responsible for the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must act on airworthiness information provided by States of Design, issuing Australian ADs as necessary to align with international standards and obligations under the Convention on International Civil Aviation. The issuance, assessment, and cancellation of ADs are executed by CASA, ensuring that the safety regulations are adhered to and that any unsafe conditions are promptly addressed.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) under section 98 (Civil Aviation Act 1988) and regulation 39.001 (Civil Aviation Safety Regulations 1998). These ADs serve as a critical mechanism to ensure the safety and airworthiness of aircraft. They are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, and are legislative instruments under the Legislative Instruments Act 2003. The ADs are rooted in international standards set by the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is responsible for individual aircraft.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities include the assessment and potential issuance of Australian ADs when a State of Design issues an AD for aircraft on the Australian Register. CASA must ensure that any safety issues identified by the State of Design are addressed appropriately, and when an unsafe condition no longer exists, CASA may cancel the relevant AD. In this instance, CASA assessed and subsequently cancelled Australian AD/LYC/96, issued to address concerns with Lycoming piston engines, effective from 27 August 2009, due to the resolution of the safety issue.
Breaching the requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences, penalties, and consequences for non-compliance with ADs are not detailed in the provided text, it is reasonable to infer that non-compliance with such safety regulations could result in civil or criminal penalties. These could include fines, imprisonment, or other legal repercussions depending on the severity of the breach and the specific provisions of the Act and Regulations that are contravened. It is essential for all parties involved in aviation to adhere strictly to these requirements to ensure the highest standards of safety and compliance.