AD/A320/3 Amdt 1 - Automatic Flight Control System

Overview

The Civil Aviation Safety Regulations 1998, enacted to ensure the safety of air navigation in Australia, were amended in 2013 to update an existing airworthiness directive for Airbus Industrie A320 series aircraft. The amendment, AD/A320/3 Amdt 1, was introduced in response to a request from industry to update the reference to a French airworthiness directive issued by the Direction Générale de L'aviation Civile (DGAC). This amendment, which does not alter the technical requirements of the original directive, was made under the authority conferred by the Civil Aviation Act 1988, allowing the Governor-General to make regulations for air navigation safety. The Civil Aviation Safety Authority (CASA) issued this amendment to ensure that Australian operators comply with international standards for the continuing airworthiness of the specified aircraft type. The amendment was determined to be of a minor nature and did not require further consultation or a Regulatory Impact Statement. It is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment Instrument, AD/A320/3 Amdt 1, applies specifically to the Airbus Industrie A320 series aircraft registered in Australia. This legislative instrument was made in response to an industry request to update the reference to a State of Design Airworthiness Directive (AD) issued by the French Direction Générale de L'aviation Civile (DGAC). While the amendment updates the reference from AD T89-100-002(B) to AD 89-100-002(B)R1, it does not alter the existing technical requirements of the AD. This amendment is necessary to ensure that the Australian AD remains aligned with the DGAC's requirements for the continuing airworthiness of the A320 series aircraft. The AD, which mandates compliance with specific safety directives, is effective from 20 September 2013 and cancels the previous version. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) under the powers conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument include section 98 of the Civil Aviation Act 1988 (the Act), which empowers the Governor-General to make regulations for the Act, particularly focusing on the safety of air navigation. Additionally, regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Specifically, subregulation 39.001(5) of CASR 1998 clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is also a legislative instrument under section 6 of the Legislative Instruments Act 2003. This amendment to AD/A320/3, specifically AD/A320/3 Amdt 1, pertains to the Airbus Industrie A320 series aircraft and updates the reference of a State of Design AD from T89-100-002(B) to AD 89-100-002(B)R1 without altering the technical requirements. The obligations and requirements imposed by this legislation on the parties or entities it governs include ensuring the continuing airworthiness of the Airbus Industrie A320 series aircraft. CASA, as Australia’s national airworthiness authority, is responsible for assessing the information provided by the State of Design and issuing corresponding ADs. The State of Design, in this case, the French Direction Générale de L'aviation Civile (DGAC), has the responsibility of issuing ADs to address safety concerns specific to the aircraft type. The State of Registry, which in this context would be the Australian authority, must implement and enforce these ADs to maintain the safety standards of the aircraft registered within its jurisdiction. Operators of the A320 series aircraft must comply with these ADs by adhering to the technical requirements specified within them. There are specific civil and criminal consequences for breach of the requirements outlined in this legislative instrument. Failure to comply with the airworthiness directives can result in significant penalties. Under the Civil Aviation Act 1988, non-compliance may lead to enforcement actions taken by CASA, which can include fines and other administrative penalties. The severity of these penalties can vary based on the nature and extent of the non-compliance. Additionally, repeated or serious breaches of airworthiness directives can lead to more severe consequences, such as grounding of the aircraft, suspension of operating certificates, or even prosecution under criminal law, potentially resulting in substantial fines and imprisonment. The exact penalties are detailed within the Civil Aviation Act 1988 and other relevant regulations, but they are intended to ensure stringent adherence to safety standards to protect public safety and the integrity of the aviation industry.