AD/BN-2/83 Amdt 1 - Horizontal Stabiliser Attachment Bolts

Overview

The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under the authority of this Act, the Governor-General can make regulations, including those that pertain to airworthiness, which are critical for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments designed to mandate the necessary actions to ensure the continuing airworthiness of aircraft. These directives are issued in accordance with international standards set by the Convention on International Civil Aviation and are managed by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The process of issuing such directives, particularly in response to directives from the State of Design, is conducted without public consultation, as it is governed by Australia's international obligations and is deemed not to require a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation. This legislative framework applies to all aircraft registered in Australia, encompassing both commercial and private aircraft, as well as relevant aeronautical products. The geographic reach of this legislation is national, aligning with Australia's obligations under the Convention on International Civil Aviation. While ADs are issued under the authority of the Governor-General and are considered legislative instruments, they do not require public consultation or a Regulatory Impact Statement as they are responses to international safety directives issued by the State of Design, in this case, the UK Civil Aviation Authority. The ADs are designed to mandate the requirements of the State of Design and ensure the continuing airworthiness of aircraft registered in Australia, thereby maintaining safety standards in alignment with international norms.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations for the safety of air navigation. According to 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. An AD is a disallowable instrument, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, bears the primary responsibility for maintaining the airworthiness of the aircraft type. They must provide all necessary information to ensure the continued airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. In this particular case, the UK Civil Aviation Authority (CAA) has issued an AD affecting the Britten-Norman BN-2 model aircraft. The UK is the State of Design for these aircraft. CASA has evaluated this AD and issued an Australian AD/BN-2/83, Amendment 1, which will take effect on 29 September 2005. This new AD cancels and replaces the previous issue. As this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and is in response to an AD issued by the relevant State of Design, there was no consultation with the Australian public regarding this AD. The Office of Regulatory Review has also determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores the importance of international collaboration and adherence to international standards in maintaining the safety and airworthiness of aircraft registered in Australia. Breaches of the ADs or failure to comply with the requirements set out in the regulations could result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to civil penalties, including fines. The maximum penalty for non-compliance with an AD can be substantial, depending on the severity of the breach and the impact on safety. Additionally, non-compliance may also result in criminal charges, potentially leading to imprisonment. CASA has the authority to take enforcement actions against individuals or entities that fail to comply with the ADs, which could include grounding the aircraft, denying airworthiness certificates, or imposing other restrictions to ensure safety. The consequences of non-compliance are serious and underscore the importance of adhering to the ADs to maintain the safety of air navigation.