AD/AL 250/46 Amdt 1 - Power Turbine Governor (Bendix) - Inspection of Drive Shaft - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation within Australia, ensuring the safety of air navigation and the public. The Act empowers the Governor-General to make regulations, which include the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are designed to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. In line with its mandate under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue such directives, and in doing so, it adheres to the responsibilities outlined by the States of Design and Registry. The Civil Aviation Safety Regulations 1998 also clarify that these directives are disallowable instruments, reflecting their regulatory significance. CASA's decision to cancel a specific AD affecting Allison 250 turbine engines exemplifies the authority's commitment to safety, as it addresses a resolved safety issue without necessitating a replacement directive.

Scope and Application

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which mandate safety requirements for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. The authority to issue these directives stems from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, with the directives themselves being legislative instruments under the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry must implement the necessary requirements for individual aircraft. In the case of Australia, CASA is responsible for issuing ADs when required, ensuring compliance with international standards and reducing any regulatory burden through the cancellation of obsolete directives. For instance, AD/AL 250/46 Amendment 1, which affected Allison 250 turbine engines, has been cancelled by CASA as the original safety issue no longer exists, thereby reducing the regulatory burden without the need for public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988 provides the foundational framework for aviation regulation in Australia, and under section 98, the Governor-General is empowered to issue regulations for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) which are detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments, as they fall under the definition of disallowable instruments pursuant to section 46A of the Acts Interpretation Act 1901 and are regulated as such under the Legislative Instruments Act 2003. These directives ensure that specific types of aircraft or aeronautical products meet continuing airworthiness standards, and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the airworthiness of an aircraft type to the State of Design and to the State of Registry for individual aircraft. Entities governed by the Civil Aviation Act 1988, particularly the Civil Aviation Safety Authority (CASA), are obligated to ensure the continuing airworthiness of aircraft through the assessment and implementation of ADs. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review this information and issue an Australian AD if necessary to mandate the requirements for Australian-registered aircraft. This includes ensuring that the State of Registry develops or adopts requirements to maintain the continuing airworthiness of aircraft in alignment with international standards. CASA’s role is crucial in translating international airworthiness directives into enforceable regulations within Australia, thus maintaining safety standards for aircraft operating within Australian airspace. In the specific case of AD/AL 250/46 Amendment 1, issued by CASA in 1983 concerning Allison 250 turbine engines, CASA has determined that the original unsafe condition no longer exists, leading to the cancellation of this AD. This cancellation, effective from 24 September 2009, reduces the regulatory burden without necessitating a replacement AD. The decision to cancel the AD was made without public consultation, as it results in a reduction of regulatory requirements and has been deemed unnecessary to warrant a Regulatory Impact Statement by the Office of Best Practice Regulation. The cancellation was authorised by the Manager, New Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with ADs may result in various civil and criminal consequences. Civil penalties can include fines and other sanctions, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Criminal penalties may apply for more severe breaches, potentially leading to imprisonment, depending on the nature and severity of the violation. The specific penalties are determined by the courts and can vary widely based on the circumstances of the offence. Compliance with ADs is mandatory and non-compliance can have serious repercussions, both legally and in terms of safety.