AD/CASA/30 - Autopilot Servo Drive Actuators

Overview

The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and address gaps in the regulation of civil aviation, empowers the Governor-General to make regulations for the Act's purposes. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This mechanism is integral to maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the States of Design and Registry. In line with these international obligations, CASA issues Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international safety standards. The process of issuing such directives, such as AD/CASA/30 in response to EASA's AD 2008-0144, is conducted without public consultation due to the international nature of these obligations, and does not require a Regulatory Impact Statement. The AD is issued by CASA under the authority of the Civil Aviation Act, ensuring that Australian aviation standards remain consistent with international safety requirements.

Scope and Application

The Civil Aviation (Airworthiness) Regulations 1998, issued under section 98 of the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are legislative instruments that aim to maintain and ensure the safety of air navigation, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and it must provide necessary information to ensure this for all appropriate States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must issue an Australian AD if it deems it appropriate after assessing the information provided by the State of Design. For example, in response to AD 2008-0144 issued by the European Aviation Safety Authority for EADS-CASA C-212 model aircraft, CASA issued Australian AD/CASA/30. Given the international obligations and the specific nature of these directives, no public consultation is required, and a Regulatory Impact Statement is not necessary. The ADs are made by authorised personnel within CASA, in accordance with the relevant provisions of the Act.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The obligations imposed by the Civil Aviation Act and the associated regulations are primarily focused on ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design, which is the country where the aircraft type was designed, has the overall responsibility for the continuing airworthiness of that type, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry, which are the countries where the individual aircraft are registered. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing an Australian AD to mandate the requirements for the safety of aircraft registered in Australia. Breaching the requirements of an AD can result in serious consequences, as these directives are critical for maintaining the safety standards of aircraft. The Civil Aviation Act 1988 and associated regulations do not explicitly detail the penalties for non-compliance with ADs, but such compliance is crucial for maintaining the airworthiness of aircraft. Failure to adhere to an AD could potentially lead to safety issues, and CASA has the authority to take action against operators who do not comply with the directives. The specific consequences for non-compliance might include grounding of the aircraft, fines, or other enforcement actions as deemed necessary by CASA. The issuance of the AD in this case, AD/CASA/30, which was issued in response to EASA AD 2008-0144, reflects Australia’s obligations under the Convention on International Civil Aviation and the need to ensure the safety of aircraft operating in Australian airspace. Given the international nature of the requirement and the urgency implied by the effective date, no public consultation was conducted. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process to address potential safety issues promptly. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive was issued with proper authority and oversight.