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/GA8/4 to correct an unsafe situation on Gippsland Aeronautics GA-8 aircraft. The current location of the pilot and second occupant seat stops is such that, at either seat’s most forward position, aft movement of the control column can be restricted by the seat structure. As a result, CASA has issued this Airworthiness Directive to relocate the seat stops to eliminate this possibility. As Australia is the State of Design for the GA-8, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD will become effective on 13 April 2006.
CASA has consulted with the Gippsland Aeronautics, and the company agrees that an AD is appropriate. Public consultation was not undertaken because of the need for urgent action.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the General Manager, 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 was enacted to ensure the safety of air navigation and to provide a framework for the regulation of civil aviation in Australia. Under this Act, the Governor-General is empowered to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) as stipulated in section 98. These directives are critical in maintaining the continuing airworthiness of aircraft and are implemented by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In the case of Gippsland Aeronautics GA-8 aircraft, CASA has issued AD/GA8/4 to address an unsafe situation caused by the current positioning of pilot and second occupant seat stops, which can restrict aft movement of the control column. This action is taken to comply with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for continuing airworthiness and must provide necessary information to States of Registry. As the State of Design for the GA-8, CASA is required to develop and issue ADs to mandate the necessary corrective measures, ensuring that the AD becomes effective on 13 April 2006.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of civil aviation safety in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for issuing ADs when necessary to address safety issues. In this particular case, CASA has issued AD/GA8/4 to correct an unsafe condition affecting Gippsland Aeronautics GA-8 aircraft, where the seat stops have been relocated to prevent restriction of control column movement. As Australia is the State of Design for the GA-8, CASA is obligated to develop and disseminate this AD to other States of Registry. The AD will become effective on 13 April 2006.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This authority is grounded in the legislative instruments defined by section 6 of the Legislative Instruments Act 2003, making ADs legislative instruments themselves. Furthermore, under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
These ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its territory. When a State of Design issues an AD, the State of Registry, in this case CASA as Australia's national airworthiness authority, must evaluate the directive and, if necessary, issue a corresponding AD to enforce the required safety measures. This is precisely what CASA has done in response to safety concerns identified in Gippsland Aeronautics GA-8 aircraft.
CASA has issued AD/GA8/4 to address an unsafe condition on Gippsland Aeronautics GA-8 aircraft. The current positioning of the pilot and second occupant seats can restrict the aft movement of the control column when the seats are in their most forward positions, posing a safety risk. To rectify this, CASA mandates the relocation of the seat stops to eliminate the potential for such restrictions. Given Australia's role as the State of Design for the GA-8, CASA is obligated to develop and disseminate an AD to other States of Registry. This AD will come into effect on 13 April 2006. CASA has coordinated with Gippsland Aeronautics, and the company concurs that an AD is necessary, though public consultation was bypassed due to the urgency of the situation.
Failure to comply with ADs can result in serious consequences. CASA, as the regulatory authority, enforces these directives to ensure adherence and maintain safety standards. While the specific penalties for non-compliance are not detailed in the text, it is understood that violations of ADs can attract significant civil or criminal penalties. The gravity of these penalties underscores the importance of adhering to the directives issued to ensure the safety and airworthiness of aircraft.