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 raised AD/GAF-N22/69 in 1994 to correct an unsafe situation on GAF Nomad series aircraft. The Nomad type has suffered occasional aileron flutter for many years. AD/GAF-N22/69 has been amended on several occasions ease restrictions, but recent investigations have shown that float equipped aircraft must now be further restricted. As a result, AD/GAF-N22/69 has been amended again to impose these new restrictions. As Australia is the State of Design for the Nomad, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The amended AD, AD/GAF-N22/69, Amendment 5, will become effective on 26 October 2006. This AD cancels and replaces the previous issue.
CASA has consulted with the manufacturer of the Nomad, who has demonstrated a need to impose these new limitations.
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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as a means to maintain the continuing airworthiness of aircraft. The authority to issue ADs is grounded in the need to address safety issues and ensure compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while the Civil Aviation Safety Regulations 1998 specifically enable CASA to issue ADs, which serve as a crucial mechanism for continuing airworthiness and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to safeguard the airworthiness of aircraft, aligning with international obligations and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. As the State of Design for the GAF Nomad aircraft, Australia is obligated to issue ADs to correct unsafe conditions identified in aircraft types registered within its territory. CASA has issued AD/GAF-N22/69, Amendment 5, to address ongoing issues of aileron flutter in float-equipped GAF Nomad series aircraft, which will become effective on 26 October 2006. This AD replaces previous versions and imposes further restrictions to ensure airworthiness. The process of issuing such ADs involves consultation with aircraft manufacturers and is carried out by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products. This regulatory power is further clarified in subregulation 39.001(5), which identifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thus classifying them as legislative instruments.
The obligations imposed by the Act and the Regulations require CASA, as Australia’s national airworthiness authority, to meticulously assess any information provided by the State of Design and to issue corresponding ADs to ensure compliance with international standards. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements. This process was demonstrated in the case of AD/GAF-N22/69, which was raised in 1994 to address an unsafe situation with the GAF Nomad series aircraft. Given Australia's role as the State of Design for the Nomad, CASA is obligated to develop and disseminate an AD to rectify the issue. The latest amendment to AD/GAF-N22/69, Amendment 5, reflects ongoing efforts to manage the aileron flutter problem and will become effective on 26 October 2006.
Failing to comply with ADs can result in severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to significant penalties, including substantial fines and potential imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act, but they are designed to ensure strict adherence to safety standards. The Regulatory Impact Statement from the Office of Regulatory Review confirms that ADs, including the amended AD/GAF-N22/69, do not require a separate Regulatory Impact Statement, underscoring the importance of these directives in maintaining aviation safety. The issuance of this AD was authorised by the Manager, Airframes, in accordance with subsection 84A(2) of the Act, ensuring that all regulatory procedures were followed.