AD/A320/9 Amdt 1 - Fuel Probes

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a framework for regulating the aviation industry and ensuring that aircraft and aeronautical products meet safety standards. Pursuant to the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to mandate the requirements for continuing airworthiness of aircraft. AD/A320/9 Amdt 1, issued by CASA, updates the reference to a French airworthiness directive concerning the Airbus Industrie A320 series aircraft, without altering the technical requirements. This amendment was made in response to industry requests and is intended to ensure the alignment of Australian regulations with international standards. The policy objective is to maintain and enhance the safety of air navigation by ensuring that all aircraft registered in Australia meet the necessary safety standards. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The AD/A320/9 Amdt 1 pertains specifically to the Airbus Industrie A320 series aircraft, which are registered in Australia. The regulations were enacted under the Civil Aviation Act 1988, which empowers the Governor-General to create safety regulations in the interest of air navigation. This directive is a response to an airworthiness directive issued by the French Direction Générale de L'aviation Civile (DGAC) in 1990. As a result, the Civil Aviation Safety Authority (CASA) issued AD/A320/9 to implement the requirements of the DGAC directive in Australia. The amendment to this directive, AD/A320/9 Amdt 1, was made at the request of industry, specifically an operator of the Airbus A320 series aircraft, and serves to update the referenced DGAC AD number from 90-017-005(B) to a later revision, AD 90-017-005(B)R2, without altering the technical requirements. The amendment becomes effective on 20 September 2013, replacing the previous version. This directive applies to the continuing airworthiness of the specified aircraft type registered in Australia and does not require a Regulatory Impact Statement or further consultation with the public, as it is of a minor nature and does not substantially alter existing arrangements.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by AD/A320/9 Amdt 1, introduce specific requirements concerning fuel probes for Airbus Industrie A320 series aircraft (sections referenced in parentheses). This amendment primarily updates the reference to the French Direction Générale de L'aviation Civile (DGAC) Airworthiness Directive (AD) from 90-017-005(B) to 90-017-005(B)R2, without altering the technical requirements. The AD, effective from 20 September 2013, mandates compliance with the updated AD from DGAC, which is the State of Design for this aircraft type. The Australian Civil Aviation Safety Authority (CASA), as the national airworthiness authority, has issued this amendment in response to a request from industry, specifically an operator of the Airbus A320 series aircraft. Under the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is obligated to assess and, where necessary, mandate requirements from the State of Design to ensure the continuing airworthiness of aircraft registered in Australia. This includes updating the referenced ADs to reflect the latest safety directives issued by the State of Design. The State of Registry, in this case, CASA, must ensure that all aircraft operated in Australia comply with these updated requirements. Additionally, operators of the Airbus A320 series aircraft must ensure that their aircraft meet the updated AD specifications, including the correct referencing of the DGAC AD 90-017-005(B)R2. Failure to comply with the provisions of this AD may result in civil or criminal penalties. Under section 98 of the Civil Aviation Act 1988, CASA can enforce compliance through various means, including fines and potential prosecution. The exact penalties depend on the nature and severity of the breach but can include substantial financial penalties for non-compliance. Operators must ensure that their maintenance and operational procedures align with the updated AD to avoid any legal repercussions. This legislative instrument has been reviewed to ensure compatibility with human rights, as stipulated in Attachment 1. The review confirms that the amendment does not engage any of the applicable rights or freedoms, thus it remains fully compatible with human rights as recognised under international instruments. The amendment process was also deemed not to require a Regulatory Impact Statement, given its minor nature and the lack of substantial changes to existing arrangements. The instrument is set to commence on 20 September 2013, marking the effective date of the updated AD reference.