CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA has issued ADs listed in Schedule 1 affecting Kelowna Flightcraft R & D Ltd (General Dynamics/Convair) 240, 340 and 440 model aircraft. The United States is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/CONVAIR/21, which will become effective on 11 May 2006. This AD requires compliance with all applicable FAA ADs listed in Schedule 1.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been 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.
Schedule 1
FAA AD Number | Effective Date | Title |
56-20-04 | Upon Receipt | Fire Seals |
56-24-01 | Upon Receipt | Cylinder |
56-24-02 | Upon Receipt | Carburettors |
56-27-01 | Upon Receipt | Elevator Servo Tab Rod |
58-01-03 | Upon Receipt | Carburettor Setting |
59-01-01 | Upon Receipt | Fire Detector System |
59-04-02 | Upon Receipt | Pilot's Direct-Vision Window |
60-14-01 | Upon Receipt | Main Landing Gear |
63-06-03 | 20 March 1963 | Electrical Fault Detection Panel |
70-10-03 | 12 May 1970 | Engine Breather Oil Fumes |
78-17-04 | 5 September 1978 | Emergency Window Release Handle |
78-22-04 | 1 November 1978 | Emergency Exit Window |
90-13-13 | 30 July 1990 | Fuselage Frames |
91-12-05 | 25 July 1991 | Elevator Hinge Pins |
93-04-03 | 19 April 1993 | Horizontal And Vertical Stabilizers |
96-03-04 | 28 February 1996 | Aircraft Flight Manual - Limitation, Icing Conditions |
98-08-17 | 19 May 1998 | Aircraft Flight Manual - Power Levers |