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/GA8/6 to correct an unsafe situation on Gippsland Aeronautics GA8 aircraft. CASA has received a number of Service Difficulty Reports regarding the pitot probe heater connector. The loss of pitot heat in Instrument Meteorological Condition (IMC) may lead to the loss of airspeed indication. This may lead to the loss of control of the aeroplane. As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. Remedial action is to replace the connector with a terminal block.
CASA has consulted with the Australian industry and public via Notice of Proposed Rulemaking (NPRM) 1201CS.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the General Manager, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted to establish a legislative framework for civil aviation in Australia, empowers the Governor-General to create regulations ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs serve as legislative instruments, crucial for maintaining the safety standards of aircraft and ensuring compliance with international conventions, particularly Annex 8 to the Convention on International Civil Aviation. CASA's role as Australia's national airworthiness authority involves assessing information from the State of Design and, if necessary, issuing Australian ADs to address safety issues. The AD/GA8/6 was introduced by CASA to address an unsafe situation with the pitot probe heater connector on Gippsland Aeronautics GA8 aircraft, which could lead to loss of airspeed indication and control in Instrument Meteorological Conditions (IMC).
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for kinds of aircraft or aeronautical products. These directives are considered legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Australia for the Gippsland Aeronautics GA8 aircraft, has the primary responsibility for issuing ADs for aircraft types registered within Australia. CASA, as the national airworthiness authority, must assess these directives and issue corresponding Australian ADs if necessary. The specific AD/GA8/6 was issued to address an unsafe situation involving the pitot probe heater connector on the Gippsland Aeronautics GA8 aircraft, requiring the replacement of the connector to mitigate the risk of loss of airspeed indication and subsequent loss of control. This process involved consultation with the industry and public through Notice of Proposed Rulemaking (NPRM) 1201CS, and the Office of Regulatory Review has confirmed that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to maintain the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. Specifically, CASA can issue ADs to address unsafe conditions or situations related to aircraft. Regulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. Such ADs are critical as they ensure compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, has specific obligations to ensure the continuing airworthiness of aircraft on the Australian Register. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must review the AD and, if necessary, issue an Australian AD to mandate the required safety measures. This is exemplified by AD/GA8/6, which was issued to correct an unsafe condition on Gippsland Aeronautics GA8 aircraft. CASA identified the unsafe situation through multiple Service Difficulty Reports and consulted with the industry and public via Notice of Proposed Rulemaking (NPRM) 1201CS. The AD mandates the replacement of the pitot probe heater connector to prevent the loss of airspeed indication in Instrument Meteorological Conditions (IMC), which could otherwise lead to a loss of control.
The ADs issued by CASA are subject to compliance requirements for all stakeholders. Operators of affected aircraft must adhere to the AD by implementing the specified remedial actions within the prescribed timeframe. Failure to comply with the AD can result in serious safety consequences, including the potential grounding of the aircraft until the required actions are completed. CASA's role includes monitoring compliance and taking enforcement actions if necessary. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining rigorous safety standards.
Breaches of the ADs can lead to significant legal consequences. Civil penalties can be imposed for non-compliance, including fines up to a specified maximum amount. In severe cases, CASA can take administrative actions such as suspending or revoking the aircraft's certificate of airworthiness. Additionally, criminal penalties may apply if the non-compliance results in an aviation accident or serious incident, reflecting the seriousness of safety breaches. The ADs are designed to prevent such incidents by ensuring that all aircraft remain airworthy and safe to operate.