AD/DHE/7 - Throttle Bell Crank Pivot Stud - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety, efficiency, and orderly growth in the aviation industry. The Act was introduced to ensure that aviation operations within Australia adhere to national and international safety standards and to manage the increasing complexity and volume of air traffic. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide detailed regulations on various aspects of civil aviation, including the issuance of airworthiness directives. The Civil Aviation Safety Authority (CASA), established as the national airworthiness authority, is empowered under these regulations to issue airworthiness directives for different types of aircraft or aeronautical products to maintain safety standards. These directives, which are legislative instruments, reflect Australia’s commitment to international obligations under the Convention on International Civil Aviation, ensuring harmonised safety standards globally.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a legislative framework for the issuance and management of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products to ensure safety in air navigation. These ADs are legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, imposing responsibilities on the State of Registry to ensure the continuing airworthiness of these aircraft. CASA's role includes assessing information from the State of Design and issuing Australian ADs when necessary, as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The jurisdictional reach of these regulations is national, with CASA acting as Australia’s primary authority for airworthiness. Any AD issued by CASA affects all relevant aircraft operators and manufacturers within Australia's jurisdiction. Although ADs are legislative instruments, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This streamlined process allows for timely responses to safety issues without the need for extensive regulatory review.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that allow the Governor-General to make regulations to ensure the safety of air navigation (s. 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (reg. 39.001). An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003 (reg. 39.001(5)). The obligations under these provisions require CASA to assess any AD issued by a State of Design and, if necessary, issue a corresponding Australian AD to mandate the requirements of the State of Design (reg. 39.001). The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction (Annex 8). Failure to comply with ADs can result in severe consequences. Non-compliance with an AD can lead to the grounding of an aircraft, as the aircraft may be deemed unairworthy. This poses significant risks to the safety of passengers and crew and can result in civil penalties. In the case of wilful or reckless disregard for ADs, the penalties can be even more severe and may include criminal charges, fines, and imprisonment. The specific penalties are detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with maximum penalties varying depending on the severity of the offence and the nature of the non-compliance. CASA enforces these regulations rigorously to maintain the highest standards of aviation safety. In this particular case, CASA issued and subsequently cancelled AD/DHE/7, which affected De Havilland Gipsy Queen 70 series engines. CASA assessed the AD and determined that the unsafe condition it addressed no longer existed, leading to the cancellation of the directive. The cancellation of this AD was in line with Australia’s obligations under the Convention on International Civil Aviation and did not require consultation with the Australian public or a Regulatory Impact Statement. The AD was made by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The cancellation of AD/DHE/7 became effective on 4 June 2009, and no replacement AD was necessary.