AD/DHC-1/25 Amdt 3 - Wing Flaps

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to provide for the safety, efficiency, and orderly development of civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were introduced to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft types or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901. The authority to issue ADs is exercised to address safety issues and ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue ADs to mandate requirements when a State of Design issues a directive for aircraft registered in Australia.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003. ADs serve as the primary means of communicating continuing airworthiness information to the States of Registry, including Australia, and must be assessed and, if necessary, implemented by CASA to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The scope of these directives includes specific aircraft types, and CASA's responsibility extends to issuing amendments when new information or circumstances warrant changes to existing ADs. For instance, AD/DHC-1/25 Amendment 3 was issued to address an unsafe situation on de Havilland DHC-1 aircraft, extending its applicability to Portuguese manufactured T Mk 20 aircraft due to their imminent registration in Australia. This amendment was made without public consultation as it did not introduce new requirements or alter existing compliance obligations.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with specific provisions concerning the issue of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, which includes ensuring the safety of air navigation. 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. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are recognised as such under section 6 of the Legislative Instruments Act 2003. The obligations imposed by the Act and the Regulations on parties and entities include ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, is primarily responsible for providing information necessary for maintaining the airworthiness of the aircraft type (Annex 8 to the Convention on International Civil Aviation). The State of Registry, which is the country where the aircraft is registered, must then adopt or develop requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the context of Australia, CASA acts on behalf of the State of Registry by assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. Failure to comply with ADs can lead to serious consequences, including both civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can result in enforcement actions against the aircraft operator, which may include fines and other penalties. The specific penalties depend on the severity of the non-compliance and the particular circumstances of the case. Furthermore, if non-compliance results in an accident or incident that causes harm, the operator may face criminal charges, including imprisonment, reflecting the serious nature of neglecting safety directives designed to protect passengers and crew. CASA has recently amended AD/DHC-1/25 Amendment 3 to address an unsafe situation on de Havilland DHC-1 aircraft, specifically mandating an inspection of the wing flaps. This amendment was prompted by a review of technical documents, which revealed that the inspection requirement also applies to Portuguese manufactured T Mk 20 aircraft. With a Portuguese manufactured DHC-1 T Mk 20 imminently entering the Australian register, CASA has updated the AD to include this model, effective from 22 June 2011. This amendment cancels and replaces the previous issue of the AD. Notably, CASA did not consult with the industry or the public as the amendment does not alter the AD requirements or compliance obligations. The amendment was issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 94(1) of the Act.