AD/CL-600/14 - Engine Pylon Fuel Feed Tube Assembly - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for this purpose, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to further ensure the safety and continuing airworthiness of aircraft. One of the key regulatory tools provided by these regulations is the issuance of airworthiness directives (ADs), which are used to mandate the safety requirements for aircraft types. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing such directives when necessary. This process is integral to maintaining the safety standards outlined by international agreements such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. In accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the authority to issue, modify, or cancel ADs as circumstances require. The issuance of AD/CL-600/14 in 1983, which has now been cancelled, reflects the dynamic nature of aviation safety regulation and CASA's commitment to ensuring that regulatory measures remain relevant and necessary. The cancellation of this specific AD, effective from 22 October 2009, signifies that the previously identified unsafe condition no longer exists, thus no longer necessitating regulatory action. The decision to cancel the AD was made by CASA without public consultation, as it resulted in a reduction of the regulatory burden, and has been determined by the Office of Best Practice Regulation not to require a Regulatory Impact Statement.

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) which are legislative instruments designed to maintain the continuing airworthiness of aircraft within Australia. These ADs apply to specific types of aircraft or aeronautical products registered in Australia, thereby ensuring compliance with national safety standards. The authority to issue such directives is derived from Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility for continuing airworthiness and the State of Registry with the responsibility for individual aircraft. CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The AD/CL-600/14, affecting Bombardier (Canadair) CL-600 series aeroplanes, exemplifies this process, where CASA has assessed and subsequently decided to cancel the directive due to the resolution of the original safety concern, effective from 22 October 2009. The cancellation of this directive, which eliminates a previous regulatory burden, did not necessitate public consultation as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, includes provisions for the issuance of airworthiness directives (ADs). Section 98 of the Act grants the Governor-General the authority to create regulations that are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and is thus a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003. Under the obligations set by these regulations, the State of Design, which is the country responsible for the design of the aircraft type, holds the primary responsibility for the aircraft's continuing airworthiness. It must provide necessary information to the States of Registry to ensure the aircraft's ongoing airworthiness. The State of Registry, which is the country where the aircraft is registered, is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is responsible for assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements of the State of Design. In cases where CASA issues an AD, it must comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These include ensuring that the AD is based on safety considerations and that it provides clear instructions for compliance. CASA must also ensure that the AD is published and communicated effectively to the relevant stakeholders, including aircraft operators and maintenance providers. Failure to comply with these obligations may result in legal consequences, including potential civil or criminal penalties. Under the Civil Aviation Act 1988, there are several potential consequences for non-compliance with ADs. Section 306 of the Act provides for civil penalties for non-compliance, including fines of up to $275,000 for individuals and $1.375 million for corporations. Additionally, section 307 of the Act provides for criminal penalties for non-compliance, including fines of up to $550,000 for individuals and $2.75 million for corporations, as well as imprisonment for up to five years. These penalties are intended to ensure that aircraft operators and other stakeholders take ADs seriously and comply with the safety requirements they impose.