AD/CON/84 Amdt 3 - Starter Adapter Assembly

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes the framework for ensuring the safety of civil aviation within Australia. This Act grants the Governor-General the authority to create regulations, as seen in the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. These ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The objective of these directives is to mandate safety measures that have been determined necessary by the relevant State of Design, ensuring that all aircraft registered in Australia comply with international safety standards. The process of issuing and enforcing these directives is overseen by CASA, which acts on behalf of the Australian government to uphold the highest standards of aviation safety.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia, ensuring the safety of air navigation as mandated by section 98 of the Act. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act applies to entities such as aircraft manufacturers, operators, and maintenance providers within Australia, ensuring adherence to safety standards as prescribed by international conventions like Annex 8 of the Convention on International Civil Aviation. Geographic reach extends to all Australian-registered aircraft and aeronautical products, necessitating compliance with directives issued by CASA. Exclusions or exemptions are not explicitly detailed in the provided text, but it is implied that all aircraft and products registered in Australia are subject to these regulations. The application of the Act is further extended and detailed through subordinate instruments, which include amendments and specific directives such as AD/CON/84 Amendment 3, addressing particular safety concerns raised by the State of Design, in this case, the United States.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 39.001, provide that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. An AD serves as a formal instruction issued by the State of Design, which is the country where the aircraft or aeronautical product was originally designed, to ensure the continuing airworthiness of a particular type of aircraft. The State of Registry, which is the country where the aircraft is registered, must comply with these directives to maintain the aircraft's airworthiness. Under the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, including providing any necessary information to the States of Registry. This convention mandates that States of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD, the national airworthiness authority of the State of Registry, such as CASA in Australia, must assess the information and, if appropriate, issue a corresponding AD to mandate the requirements of the State of Design. In the context of the AD issued by the USA FAA (Federal Aviation Administration) affecting Teledyne Continental Motors (TCM) aircraft engines, the AD/CON/84 Amendment 3, CASA amended the existing AD/CON/84 to reflect the requirements of the USA FAA's AD 2007-05-15. This amendment was issued in response to Australia's obligations under the Convention on International Civil Aviation and the USA being the State of Design for TCM engine types. Given that this AD is issued in response to an international directive and is based on obligations under the Convention, no consultation with the Australian public was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not necessary. This AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The issuance of an AD carries with it certain obligations and requirements for both the State of Design and the State of Registry. For the State of Design, it involves issuing ADs to address safety issues identified with specific aircraft types or aeronautical products. For the State of Registry, it involves reviewing and, if necessary, implementing the ADs issued by the State of Design to ensure the continuing airworthiness of aircraft within their jurisdiction. Failure to comply with an AD can result in serious consequences, including civil and criminal penalties. Under the Civil Aviation Act 1988, violations of ADs can lead to fines and imprisonment, with penalties varying based on the severity of the offence. Specifically, section 84A(6) of the Act allows CASA to issue fines and orders for non-compliance with airworthiness directives, with more severe violations potentially resulting in imprisonment for up to 12 months or fines of up to $66,000 for individuals, and significantly higher penalties for corporations.