AD/BN-2/85 Amdt 1 - Elevator Tip Assemblies

Overview

The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were also introduced, enabling the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. These regulations align with the requirements set out in Annex 8 of the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of an aircraft type and to the State of Registry for individual aircraft. The policy objective of these regulations is to ensure that Australian aircraft meet international safety standards. The Civil Aviation (Airworthiness Directives) Determination 2009 amends an existing airworthiness directive concerning Britten-Norman BN-2 aircraft, addressing an issue raised by the European Aviation Safety Agency on behalf of the United Kingdom, the State of Design. This amendment rectifies minor formatting errors and clarifies requirements, without necessitating consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This legislative instrument was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the Act, to uphold Australia's obligations under international aviation agreements.

Scope and Application

The Civil Aviation (Airworthiness) 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. These ADs, which are legislative instruments, are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In Australia, CASA, acting as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements for aircraft on the Australian Register. The AD in question, AD/BN-2/85 Amendment 1, pertains to Britten-Norman BN-2 aircraft and was amended by CASA to clarify requirements and correct minor formatting errors following an AD issued by the European Aviation Safety Agency (EASA) on behalf of the United Kingdom, the State of Design for this aircraft type. This AD cancels and replaces the previous issue and is effective from 24 September 2009. Given the international context and the nature of ADs, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This is critical for ensuring that all aircraft within Australia's jurisdiction remain airworthy and meet international safety standards. Furthermore, subregulation 39.001(5) specifies that ADs are disallowable instruments, as outlined in section 46A of the Acts Interpretation Act 1901, making them legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs impose specific obligations on CASA and other entities involved in aircraft maintenance and operation. CASA, as Australia's national airworthiness authority, must meticulously assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The State of Registry is similarly obligated to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within their jurisdiction. Additionally, the State of Design has a duty under Annex 8 of the Convention on International Civil Aviation to provide necessary information to ensure the continuing airworthiness of aircraft types, facilitating international cooperation and safety. Failure to comply with the requirements set forth in these ADs can lead to serious legal consequences. While the specifics of penalties are not detailed in the provided text, it is clear that breaches of airworthiness directives can result in civil or criminal actions. These actions could include fines or other penalties, reflecting the critical importance of adhering to air safety regulations. The severity of these penalties underscores the gravity of ensuring that aircraft remain airworthy and safe for operation. The issuing of ADs, such as the amended AD/BN-2/85 Amendment 1 for Britten-Norman BN-2 aircraft, follows a clear international protocol and does not require public consultation due to its alignment with international obligations under the Convention on International Civil Aviation. This streamlined process ensures that safety measures are promptly implemented without unnecessary delays. Moreover, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, further simplifying the legislative process while maintaining rigorous safety standards.