AD/CL-600/86 - Nose Landing Gear(NLG) and NLG Door Selector Valves - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, governs the regulation of civil aviation within Australia and is aimed at ensuring the safety of air navigation. One aspect of this is the issuance of airworthiness directives (ADs), which are formal and enforceable orders made by the Civil Aviation Safety Authority (CASA) to address safety issues with aircraft or aeronautical products. The authority to issue these directives is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, with specific provisions outlined in subregulation 39.001(5). These ADs serve as a mechanism to ensure the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the overall airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess and respond to ADs issued by the State of Design, ensuring compliance with international standards and Australian regulations. This process involves the cancellation or modification of existing Australian ADs in response to international directives, as demonstrated in the recent cancellation of AD/CL-600/86 in favour of AD/CL-600/111 following a Transport Canada directive.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are critical in maintaining the safety of aircraft registered in the country. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, ensuring that these meet the safety standards prescribed by the Act. This regulatory power is exercised to safeguard air navigation and is consistent with Australia’s obligations under the Convention on International Civil Aviation. The ADs issued by CASA are legislative instruments that require compliance from aircraft operators and owners, directly impacting their operational safety practices. The application of these directives extends to all aircraft within the Australian Register, meaning that they apply to any person or entity operating such aircraft. However, the issuance of these directives is typically in response to actions taken by the State of Design, necessitating international coordination to maintain uniformity in airworthiness standards. The ADs are subject to disallowance under the Acts Interpretation Act 1901 and are crafted in compliance with the Legislative Instruments Act 2003, which governs the creation of legislative instruments.

Key Provisions

The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations for air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus constitute legislative instruments according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, such as Canada for Bombardier CL 600 series aeroplanes, is required to issue ADs to ensure the continuing airworthiness of aircraft types. In turn, CASA, as the national airworthiness authority for Australia, must assess these ADs and issue corresponding Australian ADs when necessary to mandate the requirements of the State of Design. This process ensures that aircraft registered in Australia comply with the necessary safety standards. For instance, CASA cancelled Australian AD/CL-600/86 and issued AD/CL-600/111 following Transport Canada’s AD CF-2009-21R1, demonstrating the practical application of these regulatory obligations. Under the Civil Aviation Safety Regulations 1998, there are specific consequences for non-compliance with ADs. Failure to adhere to the mandates set out in these directives can result in serious safety risks. Although the Civil Aviation Act 1988 does not explicitly outline offences and penalties for non-compliance with ADs, breaches of airworthiness requirements can lead to severe civil and criminal penalties. In the context of civil aviation, non-compliance could result in the grounding of aircraft, denial of flight permissions, and significant fines. Additionally, from a criminal perspective, individuals or companies found to be in violation of airworthiness requirements could face prosecution, leading to imprisonment and substantial fines, reflecting the critical nature of ensuring aviation safety. It is worth noting that the process of issuing or cancelling an AD, such as the cancellation of AD/CL-600/86, does not require public consultation or a Regulatory Impact Statement. This is because ADs are integral to maintaining international standards and obligations under the Convention on International Civil Aviation. The Manager, Systems and New Technologies and Systems, within CASA’s Airworthiness Engineering Branch, issues these directives in accordance with subsection 84A(2) of the Act, ensuring that all regulatory actions align with both national and international safety standards.