AD/AIRCON/9 Amdt 8 - Combustion Type Cabin Heaters

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide for the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Act 1988 provides the legislative framework that allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the CASR 1998. AD/AIRCON/9 Amdt 8, which amends AD/AIRCON/9, was introduced to address an unsafe situation with combustion type cabin heaters in aircraft. This amendment narrows the scope of the AD to only those aircraft to which Part 42 of CASR 1998 applies, thereby eliminating requirements duplicated in Civil Aviation Order (CAO) 100.5. This legislative instrument was made by a delegate of CASA under the authority conferred by the Civil Aviation Act 1988 and the CASR 1998. It commenced on 26 February 2016. The policy objective of this legislative instrument is to ensure the safety of air navigation by addressing specific unsafe conditions in aircraft cabin heaters, while also streamlining regulatory requirements to avoid duplication.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 8, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, pertains specifically to combustion type cabin heaters in aircraft. This amendment applies to aircraft that fall under Part 42 of the Civil Aviation Safety Regulations 1998, which generally involves aircraft with a maximum take-off mass of 5700 kg or less and those that are not used for commercial operations. For aircraft not covered by Part 42, the requirements have been transitioned to Civil Aviation Order 100.5. The amendment repeals and replaces the previous airworthiness directive on this subject, AD/AIRCON/9 Amendment 7, to streamline and eliminate duplicated requirements within existing regulations. The amendment applies nationally across Australia and adheres to international standards under Annex 8 to the Convention on International Civil Aviation. The amendment does not specify any exclusions or thresholds beyond its applicability to Part 42 aircraft, and it does not require a Regulation Impact Statement or further consultation as it is considered a minor amendment. The instrument was made by a delegate of CASA and commenced on 26 February 2016.

Key Provisions

This legislative instrument, AD/AIRCON/9 Amdt 8, pertains to combustion type cabin heaters on aircraft, specifically those to which Part 42 of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies. Issued by the Civil Aviation Safety Authority (CASA), this amendment repeals and replaces the previous AD/AIRCON/9 Amdt 7, which was created to address an unsafe condition concerning combustion type heaters. The current amendment narrows the scope of the AD to apply only to aircraft governed by Part 42 of the CASR 1998, while requirements for other aircraft have been transitioned to Civil Aviation Order (CAO) 100.5. This change aims to streamline regulations and eliminate duplicated requirements. The obligations imposed by this legislative instrument primarily revolve around ensuring the airworthiness of aircraft with combustion type cabin heaters. Specifically, aircraft operators must adhere to the amended AD/AIRCON/9 Amdt 8, which mandates compliance with safety standards set forth by CASA. This includes performing necessary inspections, repairs, or modifications to cabin heaters to meet the updated safety requirements. Operators of aircraft not covered by Part 42 must now follow the guidelines set out in CAO 100.5 instead, ensuring that all aircraft maintain acceptable safety standards. Breaching the provisions of this legislative instrument can lead to various consequences. If an aircraft operator fails to comply with the amended AD/AIRCON/9 Amdt 8 or the transitioned CAO 100.5 requirements, CASA may take enforcement action. This can include issuing a Notice of Proposed Civil Penalty or initiating legal proceedings against the operator. The penalties for non-compliance can be significant, potentially involving substantial fines and other regulatory sanctions. It is critical for aircraft operators to stay informed and adhere to the regulations to avoid these consequences. The instrument has been crafted to ensure compatibility with human rights as stipulated by the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights, included as Attachment 1, confirms that this legislative instrument does not infringe upon any of the rights or freedoms recognised or declared in the international instruments listed in section 3 of the Act. Consequently, the amendment is intended to operate without raising any human rights concerns. This consideration underscores the careful approach taken by CASA to balance aviation safety with human rights considerations. The instrument was made by a delegate of CASA, relying on the delegation power under subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988. The amendment came into effect on 26 February 2016, marking the formal implementation of the updated safety requirements for combustion type cabin heaters in aircraft.