AD/CF34/16 - FADEC Software Version 8Ev5.40 - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for civil aviation in Australia, focusing on the safety and regulation of air navigation. As part of this legislative effort, the Civil Aviation Safety Regulations 1998 were also introduced, detailing specific requirements and procedures to ensure the safety and airworthiness of aircraft and aeronautical products within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these ADs is to maintain the continuing airworthiness of aircraft, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. This regulation ensures that both the State of Design and the State of Registry play critical roles in maintaining aircraft safety, with CASA acting as the national airworthiness authority responsible for assessing and implementing these directives.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. This authority applies to any aircraft registered in Australia and to aeronautical products used on such aircraft. The geographic scope of these regulations is national, as CASA acts as Australia's regulatory body, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design provides necessary information for airworthiness. The ADs issued by CASA are legislative instruments and can be disallowed under the Acts Interpretation Act 1901. While CASA is responsible for issuing ADs in response to those from the State of Design, the United States, in this case, being the State of Design for General Electric CF34 series turbine engines, issued a superseding directive. Consequently, CASA cancelled its previous AD/CF34/16, which was superseded by the United States Federal Aviation Administration's AD 2009-24-06. This cancellation took effect on 28 December 2009, and no public consultation was deemed necessary as ADs do not require a Regulatory Impact Statement according to the Office of Best Practice Regulation. The AD cancellation was authorised by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with the legislative framework provided by the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001. An AD is essentially a legislative instrument that mandates specific actions or requirements to maintain the airworthiness of particular types of aircraft or aeronautical products, as detailed in subregulation 39.001(5). These directives are critical in maintaining the safety standards required by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In practice, this means that if a State of Design issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. Under the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs to ensure compliance with safety standards. For instance, CASA issued AD/CF34/16 concerning General Electric CF34 series turbine engines. However, subsequent to this, the United States Federal Aviation Administration (FAA) issued AD 2009-24-06, which superseded AD/CF34/16. Consequently, AD/CF34/16 was cancelled, effective from 28 December 2009, as the United States is the state of design for these engines. It is noteworthy that no consultation with the Australian public was required for this cancellation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. Entities governed by these regulations face several obligations. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must evaluate information from the State of Design and issue appropriate ADs as necessary. This process ensures that any identified safety issues are addressed promptly and effectively. Failure to comply with the directives may result in significant safety risks, thereby necessitating strict adherence to these regulatory requirements. Breach of the provisions set out in the Civil Aviation Safety Regulations 1998 can lead to various consequences, both civil and criminal. Non-compliance with ADs can result in penalties under section 94 of the Civil Aviation Act 1988, which may include fines and, in severe cases, imprisonment. For instance, an aircraft operator failing to comply with an AD could face significant financial penalties and potential criminal charges. Additionally, any person found guilty of an offence under the Act could be liable to a maximum penalty of $210,000 for individual offences and $1,050,000 for corporate offences, as stipulated in the relevant sections of the Act. These penalties underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.