AD/AT 800/9 Amdt 3 - Engine Mount

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework governing civil aviation in Australia, ensuring safety and efficiency in the aviation industry. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, promulgated under this Act, include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these regulations is to maintain the highest safety standards in line with Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. In response to AD 2009-11-05 issued by the US Federal Aviation Administration (FAA) for Air Tractor AT-802 model aircraft, CASA has issued Australian AD/AT 800/9, Amendment 3, effective from 30 July 2009. This action underscores CASA's role as the national airworthiness authority, mandated to ensure the continuing airworthiness of aircraft registered in Australia. Given that this directive is a direct response to an international obligation and follows the AD from the State of Design, no public consultation was deemed necessary, and the Office of Best Practice Regulation confirmed that a Regulatory Impact Statement was not required. The AD was issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for an aircraft type’s airworthiness. In the case of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process ensures compliance with international standards and maintains the safety of air navigation. ADs are issued in response to specific safety concerns and do not generally require public consultation or a Regulatory Impact Statement, as they are direct responses to international safety mandates.

Key Provisions

The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to ensure the ongoing safety and airworthiness of aircraft in operation, and they are based on the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation. For example, CASA has issued Australian AD/AT 800/9, Amendment 3, in response to an AD issued by the US Federal Aviation Administration (FAA) concerning the Air Tractor AT-802 model aircraft. This Australian AD, which becomes effective on 30 July 2009, cancels and replaces the previous version, and it mandates the requirements set out by the US FAA for the maintenance and operation of the affected aircraft in Australia. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose certain obligations on parties and entities governed by these laws. For instance, the State of Design, such as the US in the case of the Air Tractor AT-802, is responsible for ensuring the continuing airworthiness of aircraft types it designs. This includes providing necessary information to States of Registry, such as Australia, to help maintain airworthiness. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. Additionally, the State of Registry, in this case Australia, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. These obligations ensure a coordinated approach to maintaining safety standards across international borders. In the event of non-compliance with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including failure to adhere to ADs, there are potential civil and criminal consequences. Civil penalties may include fines or other financial penalties, while criminal penalties could result in imprisonment, depending on the severity and intent of the breach. The specific penalties are not detailed in the provided text but are generally outlined in relevant sections of the Act and associated regulations. It is critical for operators and maintainers of affected aircraft to comply with ADs to avoid these potential legal repercussions and to ensure the continued safety of air navigation. The AD/AT 800/9, Amendment 3, was issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA. This action was taken in accordance with subsection 84A(2) of the Act, which provides CASA with the necessary legal basis to issue such directives. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are issued without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This streamlined process ensures that safety directives can be issued promptly in response to identified safety issues without unnecessary delay.