AD/CL-600/118 - Bulkhead Check Valves

Overview

The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and the safety of air navigation, aiming to protect the public and ensure safe air travel. This Act grants the Governor-General the authority to make regulations in the interests of aviation safety, including the issuance of airworthiness directives through regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is tasked with ensuring that Australian aircraft meet continuing airworthiness standards, often by issuing Australian airworthiness directives based on directives from the aircraft's State of Design. The Civil Aviation Act 1988 thus addresses the need for a cohesive framework to manage the safety and airworthiness of aircraft operating in Australia, reflecting international obligations under the Convention on International Civil Aviation. This specific airworthiness directive was issued in accordance with section 98 of the Civil Aviation Act 1988 by CASA, as the national airworthiness authority, in response to an airworthiness directive issued by Transport Canada for Bombardier CL-600-2B19 aeroplanes. The AD was made without public consultation as it is a direct response to an international directive and aligns with Australia’s obligations under the Convention on International Civil Aviation. This action underscores the importance of adhering to international safety standards and maintaining the integrity of the Australian civil aviation system.

Scope and Application

The Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in the case of Australia is CASA. When a State of Design issues an AD, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The AD in question, which pertains to Bombardier CL-600-2B19 aeroplanes, was issued by CASA in response to an AD issued by Transport Canada, the State of Design for these aeroplanes. Given that this AD is a direct response to international obligations and requirements, no public consultation was conducted, and a Regulatory Impact Statement was not deemed necessary. The AD was made by the Manager, Future Technology and Regulatory Trends, within CASA, in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This provision, outlined in section 98 of the Civil Aviation Act 1988, allows the Governor-General to create regulations for air navigation safety, which CASA then enacts through ADs. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types and are recognised internationally under Annex 8 to the Convention on International Civil Aviation. Each State of Design has the overarching responsibility for maintaining the airworthiness of a particular aircraft type, and must provide necessary information to the States of Registry. The State of Registry, in turn, must establish requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. Entities governed by the Civil Aviation Safety Regulations 1998, particularly CASA, are obligated to review and assess any ADs issued by the State of Design that pertain to aircraft on the Australian Register. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft comply with international safety standards. For instance, following the issuance of AD CF-2009-31 by Transport Canada concerning Bombardier CL-600-2B19 aeroplanes, CASA assessed the directive and issued Australian AD/CL-600/118, effective from 24 September 2009. Given that these ADs are issued in response to international obligations and directives from the State of Design, there is no requirement for public consultation on the ADs. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The ADs are legislative instruments, as stipulated by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs are created under the authority of CASA by the Manager, Future Technology and Regulatory Trends, within the Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with the airworthiness directives issued under the Civil Aviation Safety Regulations 1998 may result in various consequences. The Act does not explicitly state the penalties for non-compliance, but violations could potentially lead to civil or criminal penalties. Such penalties might include fines, enforcement actions, or other legal repercussions as determined by the relevant authorities. The specific penalties would depend on the nature and severity of the non-compliance, and could be pursued under other applicable aviation safety laws and regulations.