AD/FSM/29 Amdt 3 - Precision Airmotive Corporation Carburettors

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, is designed to provide for the regulation of civil aviation within the country, with a focus on ensuring safety. The Act empowers the Governor-General to create regulations necessary for the safety of air navigation, with these regulations being implemented by the Civil Aviation Safety Authority (CASA). The Civil Aviation Regulations 1998, which were made under the authority of the Act, specifically allow CASA to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. These directives are legislative instruments that align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry. In response to international directives and industry requests, CASA has amended specific ADs, such as AD/FSM/29 Amendment 3, to ensure compliance with international obligations and local safety standards.

Scope and Application

The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, outlines the framework for the regulation of civil aviation safety in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. These ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, which holds responsibility for the airworthiness of aircraft types, and the State of Registry, which must implement these directives within its jurisdiction. The process for issuing ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as they are made in accordance with Australia’s international commitments and the specific needs of the aviation industry.

Key Provisions

The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These regulations are detailed in the Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This classification underscores the regulatory and legal significance of ADs in maintaining air safety standards. The obligations imposed by the Act and its regulations on the parties involved are multifaceted. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to the appropriate States of Registry to ensure ongoing airworthiness. Conversely, the State of Registry must develop or adopt requirements to ensure that individual aircraft maintain their airworthiness. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements. Failing to comply with the ADs can result in significant legal and financial consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, but the overarching regulatory framework implies severe repercussions. Non-compliance could lead to enforcement actions by CASA, potentially including fines or other penalties, depending on the severity of the violation and its impact on air safety. The regulatory environment surrounding ADs is stringent, reflecting the critical importance of adhering to airworthiness standards to ensure public safety. The USA Federal Aviation Administration (FAA) issued AD 98-01-06 in 1998, which pertains to Precision Airmotive Carburettors. As the State of Design, the USA has the responsibility to ensure the continuing airworthiness of this type of aircraft component. CASA, in its role as Australia’s national airworthiness authority, has responded to this AD by amending the equivalent Australian AD to Amendment 3, effective from 14 April 2005. This amendment cancels and replaces the previous AD. Notably, because this AD is a direct response to an international obligation under the Convention on International Civil Aviation, no public consultation was required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was formulated by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in line with subsection 84A(2) of the Act.