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/GA8/3 Amendment 1 to correct an unsafe situation on GA8 Airvan aircraft. A recent in flight loss of a cargo door has prompted a review of the referenced service bulletin and also required a minor change to the door slider design. As Australia is the State of Design for the GA8, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. Consequently, CASA has amended AD/GA8/3 Amdt 1. The new AD, AD/GA8/3 Amdt 2, will become effective on 17 August 2010. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because of the urgency to mandate this inspection and modification and the risk to safety of flight if it is not immediately adopted. The manufacturer was consulted and agrees with the action to immediately release 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 Continuing Airworthiness in the Airworthiness and Engineering Branch, 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 established to ensure the safety and efficiency of civil aviation within Australia. The Act provides the regulatory framework within which the Civil Aviation Safety Authority (CASA) can operate to maintain these standards. One such mechanism is the issuance of airworthiness directives (ADs), as authorised by regulation 39.001 of the Civil Aviation Safety Regulations 1998, to mandate safety improvements for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The overarching policy objective is to maintain and enhance the safety of air navigation, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The urgency and necessity to address potential safety hazards directly, without delay, are highlighted in the process of issuing these directives, as demonstrated in the recent amendment to AD/GA8/3 concerning the GA8 Airvan aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs serve as legislative instruments, mandating corrective actions and modifications to maintain the airworthiness of aircraft registered within Australia. The ADs must be issued in response to safety concerns and are applicable to aircraft types designed or registered in Australia, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA is obligated to evaluate and, if necessary, implement ADs issued by the State of Design, thereby fulfilling Australia's commitment to international safety protocols. The urgency of safety issues may sometimes preclude the need for public consultation, as demonstrated by the immediate issuance of AD/GA8/3 Amendment 2, which addresses a critical issue with the cargo door of GA8 Airvan aircraft, replacing the previous directive.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (39.001(5)). These directives are legislative instruments that aim to ensure the continuing airworthiness of aircraft by mandating specific requirements when necessary. In the context of the GA8 Airvan aircraft, CASA issued AD/GA8/3 Amendment 1, which has now been updated to AD/GA8/3 Amendment 2, to address an unsafe situation arising from a cargo door loss during flight. The new AD became effective on 17 August 2010, replacing the previous directive.
The Civil Aviation Safety Regulations impose several obligations on the parties they govern. CASA, as the national airworthiness authority, must assess information provided by the State of Design and, when necessary, issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. In this instance, as Australia is the State of Design for the GA8 Airvan aircraft, CASA is responsible for developing and transmitting the AD to other States of Registry. Additionally, the State of Registry of an individual aircraft, in this case Australia, is required to ensure the continuing airworthiness of aircraft by implementing the necessary requirements outlined in the ADs.
Failure to comply with the requirements set out in an airworthiness directive can result in significant legal consequences. Although specific offences and penalties are not detailed within the text, it is evident that non-compliance with ADs could lead to safety risks and potentially severe consequences for flight safety. The urgency of the situation concerning the GA8 Airvan aircraft highlights the importance of adhering to these directives to maintain the highest safety standards in civil aviation.
Given the critical nature of these airworthiness directives, CASA did not consult with the Australian industry and public due to the immediate risk to flight safety if the mandated inspection and modification were not promptly adopted. However, the manufacturer of the GA8 Airvan was consulted and agrees with the urgency and necessity of the action taken by CASA. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for addressing urgent safety issues.
In summary, the Civil Aviation Safety Regulations, through regulation 39.001, provide CASA with the authority to issue ADs to ensure the safety and airworthiness of aircraft. These directives, as evidenced by the update from AD/GA8/3 Amendment 1 to AD/GA8/3 Amendment 2, are essential in addressing safety concerns promptly. Compliance with these directives is mandatory for all parties involved, and failure to adhere to them can have serious implications for flight safety and potentially result in civil or criminal penalties.