AD/B747/299 Amdt 2 - Yaw Damper Actuator

Overview

The Civil Aviation Act 1988 was enacted to establish a legal framework for ensuring the safety and efficiency of civil aviation in Australia. It provides the legislative basis for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety requirements for aircraft and aeronautical products. Under section 98 of the Act, the Governor-General is empowered to make regulations, including ADs, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the process for issuing these directives. The ADs are legislative instruments and are issued in response to safety concerns identified by the aircraft's State of Design, in compliance with international standards set by the Convention on International Civil Aviation. In the case of the Boeing B747 model aircraft, CASA has issued Australian AD/B747/299, Amendment 2, effective from 31 July 2008, following an assessment of the AD issued by the United States Federal Aviation Administration. This action is taken in accordance with Australia's international obligations and CASA's role as the national airworthiness authority.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products within Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue such directives for particular types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The scope of these regulations encompasses all aircraft registered in Australia, requiring the State of Registry, including CASA, to ensure the ongoing airworthiness of such aircraft by implementing requirements derived from ADs issued by the State of Design. Given Australia's commitment to the Convention on International Civil Aviation, this legislation applies to directives issued by other contracting states, such as the United States Federal Aviation Administration (FAA), necessitating CASA's assessment and, if necessary, the issuance of corresponding Australian ADs. This process ensures compliance with international standards and mitigates any safety risks associated with aircraft types registered in Australia.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that support the Act and ensure the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further classifies these ADs as disallowable instruments under the Acts Interpretation Act 1901, and consequently, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. In compliance with Annex 8, the State of Registry, which is responsible for the ongoing airworthiness of an individual aircraft, must develop or adopt requirements to maintain the airworthiness of the aircraft. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must evaluate this information. If deemed appropriate, CASA must issue an Australian AD to enforce the requirements of the State of Design. For instance, the US Federal Aviation Administration (FAA) issued AD 2008-13-03 affecting Boeing B747 model aircraft, which is registered in the US as the State of Design. CASA evaluated this AD and subsequently issued Australian AD/B747/299, Amendment 2, which became effective on 31 July 2008, replacing the previous issue. Given that this AD was issued in response to Australia's obligations under the Convention on International Civil Aviation and in reaction to an AD from the relevant State of Design, no consultation with the Australian public was conducted on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed by these provisions require CASA to ensure that any ADs issued by the State of Design are assessed and, if necessary, adopted as Australian ADs to maintain the airworthiness of aircraft registered in Australia. The ADs mandate specific requirements that must be met by aircraft operators to ensure compliance with safety standards. Failure to comply with these ADs may result in civil or criminal consequences, as outlined in the Civil Aviation Act 1988 and associated regulations. For example, under section 91 of the Act, operating an aircraft that does not comply with an AD can result in civil penalties, including fines, and criminal penalties, including imprisonment, depending on the severity of the non-compliance and any resulting harm.