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.
CASA has raised AD/F406/6 to correct an unsafe situation on Reims F406 aircraft. Australian examples of similar types have been found with cracks in the elevator forward spar, which, if not corrected, could result in a loss of control of the aircraft. The State of Design for this type, France, has not yet taken action to correct this unsafe condition. An Australian operator has requested that this AD be amended to allow the work to be aligned with other, routine maintenance. As a result, CASA has amended the AD. AD/F406/6 Amendment 1 will become effective on 13 April 2006. This amendment cancels and replaces the previous amendment.
CASA has not consulted with the Australian industry and public, because this amendment reduces the burden on operators by increasing the interval between inspections to allow the elevator spar to be checked during other, scheduled, maintenance.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was designed to establish a comprehensive framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act provides the authority for the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address specific safety issues with aircraft types or aeronautical products. These ADs are legislative instruments that mandate corrective actions to ensure the continuing airworthiness of aircraft registered in Australia. In response to identified safety concerns, such as structural issues with Reims F406 aircraft, CASA issues ADs to mitigate risks, ensuring compliance with international standards and maintaining the high safety standards expected in Australian civil aviation. The policy objective is to protect public safety and preserve the integrity of Australia's aviation system by enforcing stringent airworthiness requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework is designed to ensure the ongoing airworthiness of aircraft within Australia, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance, and are aimed at addressing specific safety issues that may arise with certain types of aircraft. In the case of Reims F406 aircraft, CASA issued AD/F406/6 to address unsafe conditions identified in the elevator forward spar, which could lead to a loss of control if unaddressed. The amendment to this AD, effective from 13 April 2006, was made to reduce the operational burden on Australian operators by extending the interval between inspections, allowing for the checks to be integrated into routine maintenance activities. This amendment was implemented without public consultation, as the Office of Regulatory Review determined that ADs do not require a Regulatory Impact Statement. The authority to issue these ADs is exercised by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations, including those related to the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are essential tools for ensuring the ongoing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, ADs serve as the primary means of communicating continuing airworthiness information, and they are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Design for a particular aircraft type holds the overarching responsibility for its continuing airworthiness, and must provide any necessary information to the States of Registry. In turn, the State of Registry is responsible for ensuring the ongoing airworthiness of individual aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued AD/F406/6 to address an unsafe condition found on Reims F406 aircraft. Australian examples of this type have been discovered with cracks in the elevator forward spar, which, if left unaddressed, could lead to a loss of control of the aircraft. The State of Design for this type, France, has yet to take action to correct this unsafe condition. However, in response to a request from an Australian operator, CASA has amended the AD to allow the necessary work to be performed in conjunction with other routine maintenance activities. AD/F406/6 Amendment 1 will come into effect on 13 April 2006, replacing the previous amendment. Given that this amendment reduces the burden on operators by extending the interval between inspections, CASA did not consult with the Australian industry and public prior to its implementation.
In terms of regulatory obligations, CASA has ensured that the AD/F406/6 Amendment 1 was made in accordance with subsection 84A(2) of the Civil Aviation Act 1988, by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA. The amendment has been issued without the requirement for a Regulatory Impact Statement, as determined by the Office of Regulatory Review. Failure to comply with an AD can result in severe consequences, including both civil and criminal penalties. Under section 84B of the Civil Aviation Act 1988, any person who contravenes an AD may be subject to fines, imprisonment, or both, with the exact penalties depending on the severity of the breach and the specific provisions of the AD in question.