AD/B737/340 - Outboard Trailing Edge Flap Carriage Spindles - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to provide for the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which serve as a legislative instrument. The Civil Aviation Safety Regulations also specify that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are subject to the legislative oversight outlined in the Legislative Instruments Act 2003. The ADs are a critical component of continuing airworthiness, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the ongoing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue corresponding ADs to enforce these requirements. The AD/B737/340 affecting Boeing 737 series aeroplanes was issued by CASA but has since been superseded and subsequently cancelled by the Federal Aviation Administration of the United States, the State of Design for these aeroplanes, with the cancellation set to become effective on 24 November 2009.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments, apply to any aircraft registered in Australia and must be issued by CASA if a State of Design issues an AD that impacts an aircraft type on the Australian Register. The ADs mandate specific requirements to maintain the continuing airworthiness of the affected aircraft, and CASA must assess the information provided by the State of Design before issuing an Australian AD. The geographic reach of these regulations is national, affecting all aircraft within Australia's jurisdiction. Subordinate instruments may extend or restrict the application of these regulations, but no exclusions or exemptions are explicitly stated in the text, indicating a broad application across the relevant aircraft and aeronautical products.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for the Act's purposes, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument under section 6 of the Legislative Instruments Act 2003. The State of Design, the country where an aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of that aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design must provide all necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft type. The State of Registry, which is the country where the individual aircraft is registered, must then develop or adopt requirements to maintain the airworthiness of that aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In the case of the Boeing 737 series aeroplanes, the United States is the State of Design. CASA issued an AD affecting these aeroplanes, specifically AD/B737/340, but this has been superseded by a more recent AD issued by the United States Federal Aviation Administration (FAA), AD 2009-23-10. As a result, CASA has cancelled AD/B737/340, and this cancellation will take effect on 24 November 2009. It is worth noting that no consultation with the Australian public was conducted regarding this cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved in the issuance and compliance with ADs. CASA is responsible for issuing ADs that mandate the requirements of the State of Design, ensuring that the continuing airworthiness of aircraft is maintained. The State of Design must provide all necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft type. The State of Registry must then develop or adopt requirements to maintain the airworthiness of the aircraft, and operators of the affected aircraft must comply with the ADs issued by CASA. Failure to comply with an AD may result in the aircraft being considered unairworthy, which can lead to serious safety consequences. In terms of penalties and consequences, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs. However, the failure to comply with an AD can result in the aircraft being deemed unairworthy, which may lead to enforcement actions by CASA. These actions can include grounding the aircraft, prohibiting its operation, or taking legal action against the operator or owner of the aircraft. Additionally, non-compliance with ADs can lead to civil or criminal liability for the operator or owner of the aircraft if it results in an accident or incident that causes injury, death, or property damage.