Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety and airworthiness of civil aviation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) under regulation 39.001, thereby aligning Australian regulations with international standards. This authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act. AD/CFM56/15 Amdt 2, a legislative instrument made under this framework, addresses a specific issue identified by industry, namely a typographical error in a referenced document number within an existing AD concerning CFM International CFM56-3 series engines. The policy objective is to ensure the accuracy and reliability of regulatory documents, thereby maintaining the high standards of aviation safety. This amendment was made at the request of industry and does not require additional consultation or a Regulation Impact Statement, as it involves a minor correction rather than a substantive change.

Scope and Application

The AD/CFM56/15 Amdt 2 pertains to the CFM International CFM56-3 Series engines, which are subject to regulations under the Civil Aviation Safety Regulations 1998. This legislative instrument applies to any Australian aircraft operator that operates aircraft fitted with CFM56-3 series engines. The regulation is a response to a minor typographical error correction in a referenced airworthiness directive (AD) issued by the French Direction Generale De L’Aviation Civile (DGAC), which was originally issued as AD 1999-245(B)R1. As the State of Design for this engine type, France holds responsibility for the continuing airworthiness of the CFM56-3 series engines, and CASA, as Australia's national airworthiness authority, must assess and implement the necessary requirements for these engines on the Australian Register. The AD/CFM56/15 Amdt 2 is issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it is applicable nationwide. The AD is a legislative instrument that mandates compliance with the corrected AD, ensuring that the engines meet the necessary safety standards. No exclusions or exemptions are explicitly stated in this legislative instrument. However, it is worth noting that the AD is made in response to a minor typographical error correction in a referenced document, and it is not intended to substantially alter existing arrangements. The AD/CFM56/15 Amdt 2 repeals and replaces the previous AD on this subject, ensuring that the corrected reference is implemented across the relevant aircraft operators. Furthermore, the AD does not require a Regulation Impact Statement or additional consultation, as it is of a minor nature and does not significantly change existing arrangements.

Key Provisions

The key provisions of this legislation concern the amendment of an airworthiness directive (AD) issued under the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, AD/CFM56/15 Amdt 2 pertains to the correction of a typographical error in a referenced document number for AD 1999-245(B)R1 issued by the French Direction Generale De L’Aviation Civile (DGAC) affecting CFM International (CFMI) CFM56-3 series engines. This amendment was made at the request of industry and does not substantially alter existing requirements. The primary objective is to ensure the accuracy of the referenced document number for compliance purposes. The obligations imposed by this amendment are relatively straightforward. Aircraft operators and maintenance organisations must ensure that their compliance procedures and records accurately reflect the corrected document number. This includes updating any references to the corrected AD in their documentation, ensuring that maintenance and inspection tasks are performed in accordance with the accurate AD, and maintaining records that demonstrate compliance with the corrected AD. Essentially, the amendment requires operators and maintenance organisations to rectify any discrepancies caused by the typographical error to maintain the airworthiness of the affected aircraft. Regarding potential consequences for non-compliance, the AD itself does not specify particular offences or penalties. However, non-compliance with ADs generally can lead to serious consequences under the Civil Aviation Act 1988. Operators and maintenance organisations that fail to comply with an AD can be subject to enforcement actions by the Civil Aviation Safety Authority (CASA). This may include administrative penalties, enforcement notices, or in severe cases, legal proceedings that could result in substantial fines or other sanctions. The severity of the consequences will depend on the nature and extent of the non-compliance, but the overarching principle is that maintaining the airworthiness of aircraft is a strict requirement. The legislative instrument also includes a Statement of Compatibility with Human Rights, affirming that the amendment does not engage any of the applicable rights or freedoms as recognised in international human rights instruments. This statement underscores the fact that the amendment is purely a technical correction and does not impact any human rights considerations. The amendment’s focus on correcting a typographical error ensures that it remains within the bounds of necessary administrative corrections, without any broader implications for human rights.