Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Approval - Alternative Means of Compliance (AMOC) against paragraph (l)(4) of Federal Aviation Administration Airworthiness Directive (FAA AD) 2009-26-11 for Thrush Aircraft Inc. S2R Series Aircraft
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004 (3) (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an Airworthiness Directive (AD) for a particular kind of aircraft or aeronautical product.
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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.
The Federal Aviation Administration of the United States of America (FAA) as the State of Design for Ayres S-2R series aircraft , issued AD 2009-26-11 with an effective date of 24 February 2011. The AD deals with a particular type of aircraft. As a result of this new FAA AD CASA cancelled a related Australian AD, AD/AC-SNOW/24 Amdt 5.
To ensure Australian operators can comply with FAA AD 2009-26-11, CASA has issued this approval of an AMOC that allows compliance to FAA AD 2009-26-11 by use of an alternative method of approval to that defined in the FAA AD at paragraph (l)(4).
Legislative Instruments Act
Subregulation 39.004 (3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004 (3) (a) is issued under subsection 98 (5A) of the Act.
Subsection 95 (5B) provides that an instrument issued under subsection 98 (5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98 (5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the mentioned aircraft with the FAA AD 2009-26-11.
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.
The instrument commences on 8 June 2012.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA 12/3224]
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and to address gaps in compliance with international civil aviation standards, empowers the Governor-General to make regulations under section 98 of the Act. The Civil Aviation Safety Regulations 1998, specifically under paragraph 39.004(3)(a), allow the Civil Aviation Safety Authority (CASA) to approve alternative means of compliance (AMOC) with Airworthiness Directives (AD) for particular aircraft or aeronautical products. This legislative framework responds to the requirement under Annex 8 of the Convention on International Civil Aviation for States of Design and States of Registry to ensure continuing airworthiness, and for CASA to issue AMOCs as Australia’s national airworthiness authority. The AMOC approval for Thrush Aircraft Inc. S2R Series Aircraft against FAA AD 2009-26-11 exemplifies CASA's role in facilitating compliance with international ADs, ensuring Australian operators can meet safety standards set by the Federal Aviation Administration. The AMOC instrument is a legislative instrument subject to parliamentary scrutiny and is deemed compatible with human rights and freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft registered in Australia, ensuring they meet international standards. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to approve alternative means of compliance (AMOC) with foreign airworthiness directives, such as those issued by the Federal Aviation Administration (FAA) of the United States. Specifically, CASA has approved an AMOC against paragraph (l)(4) of FAA AD 2009-26-11 for Thrush Aircraft Inc. S2R Series Aircraft, allowing Australian operators to comply with the directive through an alternative method. This approval is made under the authority provided by section 98 of the Act and is considered a legislative instrument, subject to parliamentary scrutiny and potential disallowance. The AMOC does not require consultation as it aligns with existing regulations in Part 39 of the CASR 1998, designed to facilitate compliance with international airworthiness standards. This instrument ensures that Australian operators of the specified aircraft can maintain compliance with the FAA AD while operating within Australian jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) provide the regulatory framework for ensuring the safety of air navigation in Australia. Specifically, section 39.004(3)(a) of CASR 1998 authorises the Civil Aviation Safety Authority (CASA) to approve alternative means of compliance (AMOC) with Airworthiness Directives (AD) issued by other States, such as the Federal Aviation Administration (FAA) of the United States. This allows CASA to facilitate compliance by Australian operators with international safety standards. In this instance, CASA has issued an AMOC against FAA AD 2009-26-11, which deals with a particular type of aircraft. The AMOC permits compliance with the FAA AD through an alternative method to that defined in the FAA AD itself, ensuring Australian registered operators can meet the continuing airworthiness requirements.
The obligations under this AMOC primarily concern the operators of the affected aircraft. They must ensure their operations are in compliance with the approved AMOC and the FAA AD 2009-26-11. This includes conducting necessary inspections, maintenance, or modifications as specified in the AD and the AMOC. Operators must also keep records of compliance and ensure that all crew members are adequately informed of the requirements and procedures. CASA retains the right to audit and verify compliance, and operators must be prepared to provide documentation and evidence of compliance upon request.
Breach of the requirements set out in the AMOC or the underlying FAA AD 2009-26-11 could lead to serious consequences. Under the Act, non-compliance with airworthiness directives is an offence, and operators can face substantial penalties. The maximum penalties for such offences can include fines and imprisonment. In addition to criminal penalties, CASA may take civil action against operators who fail to comply, potentially leading to the grounding of the aircraft in question until compliance is achieved. It is also worth noting that failure to maintain the airworthiness of an aircraft can have significant safety implications, potentially leading to accidents and loss of life.
The AMOC issued by CASA is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to the parliamentary scrutiny process. This means that the instrument must be tabled in Parliament and can be subject to disallowance. While CASA did not consult on this particular AMOC, the issuance aligns with the provisions of CASR 1998 and aims to facilitate compliance with international safety standards. The instrument has been made by a delegate of CASA in accordance with the relevant regulations and is compatible with human rights and freedoms as declared in international instruments. The AMOC commences on 8 June 2012, and all relevant parties must adhere to its provisions to ensure continued compliance with airworthiness requirements.