AD/B747/15 Amdt 2 - Trailing Edge Flap Track Fuse Bolt - Inspection/Replacement

Overview

The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation safety in Australia, ensuring that air navigation safety is maintained. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to further detail the safety requirements for air navigation. The issue of airworthiness directives is one such regulatory tool used by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft in accordance with international standards set out by the Convention on International Civil Aviation. The authority to issue these directives is granted under section 98 of the Act, empowering CASA to mandate specific requirements for aircraft types on the Australian Register when necessary. This regulatory approach is in response to the obligations under international conventions and to align with directives issued by the State of Design, such as the recent amendment to the Australian AD for Boeing 747 aircraft to match the latest revisions from the Federal Aviation Administration (FAA) in the United States. The process of issuing these directives does not require public consultation due to their alignment with international obligations and their technical nature. The instrument is considered compatible with human rights and freedoms as it solely outlines technical requirements without infringing on any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. This legislation applies to all aircraft registered in Australia and their operators, ensuring that these entities adhere to the safety standards set forth in the ADs. The regulations extend to all aircraft within Australian jurisdiction, regardless of where they are manufactured or operated, thereby enforcing compliance with international civil aviation standards as stipulated in the Convention on International Civil Aviation. Exemptions or exclusions from these directives are not explicitly mentioned in the text, suggesting that the regulations apply universally to all aircraft within its purview. The issuance and amendment of ADs, as demonstrated in the case of AD/B747/15 Amendment 2, illustrate how CASA exercises its regulatory reach to maintain airworthiness standards, and such directives are considered legislative instruments under the Acts Interpretation Act 1901.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act authorises the Governor-General to make regulations for air navigation safety, while regulation 39.001 allows CASA to issue ADs for specific aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and thus legislative instruments under the Legislative Instruments Act 2003. This means that ADs have legal standing and must be carefully crafted to comply with regulatory requirements. Obligations and requirements imposed by the Act and the Regulations are stringent, aimed at maintaining the highest standards of airworthiness. The State of Design, in this case the United States of America for Boeing 747 aircraft, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to States of Registry to ensure compliance with safety standards. For Australia, CASA, as the national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. In this particular instance, CASA amended the Australian AD to align with the latest revisions of Boeing Service Bulletins referenced in the FAA AD 83-08-02. Failure to comply with the requirements of an AD can lead to significant legal consequences. Non-compliance with ADs is treated seriously under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The Act provides for both civil and criminal penalties for breaches, including fines and imprisonment. The specific penalties for non-compliance depend on the severity of the breach and the impact on aviation safety. The Act and Regulations aim to ensure that all stakeholders, including aircraft operators and maintenance personnel, adhere strictly to the mandated safety standards to prevent accidents and ensure the safety of all air passengers. The compatibility of this AD with human rights and freedoms is affirmed under the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, indicating that the technical requirements set out in the AD do not infringe on any applicable rights or freedoms. The AD issued by CASA is in line with international obligations under the Convention on International Civil Aviation and is designed solely to enhance safety without affecting human rights. The AD, AD/B747/15 Amendment 2, was made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with the Act.