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/GAF-N22/69 Amendment 6, which will become effective on
22 October 2009, to correct an unsafe situation on Nomad N22 and N24 aircraft. The Nomad type has been subject to operational limitations for several years as a result of aileron flutter. The operational limitations, which reduced the likelihood of aileron flutter, introduced other problems which could only be addressed by removal of the limitations. The Type Certificate holder has investigated the flutter problem, and has now developed a solution which allows the limitations to be removed. This AD requires corrective action to eliminate the cause of the flutter, and removes the operational limitations. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because no Australian aircraft is affected. The only Nomad on the Australian register has already been modified. However, 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.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to regulate civil aviation within the country and to ensure the safety of air navigation. This Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to issue regulations and directives aimed at maintaining the safety of air navigation and continuing airworthiness of aircraft. In particular, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are intended to correct unsafe situations and ensure the continuing airworthiness of aircraft. The AD/GAF-N22/69 Amendment 6, issued by CASA to address an unsafe situation on Nomad N22 and N24 aircraft, exemplifies this regulatory function. The AD mandates corrective actions to eliminate aileron flutter, a problem that has previously led to operational limitations on these aircraft. As Australia is the State of Design for the Nomad type, CASA is required to develop and transmit an AD to other States of Registry to rectify the issue, ensuring the safety and airworthiness of the aircraft globally.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. This includes the issuance of airworthiness directives (ADs) under regulation 39.001, which serve as legislative instruments to mandate specific requirements for aircraft or aeronautical products. ADs are critical in maintaining the continuing airworthiness of aircraft, and are issued by the Civil Aviation Safety Authority (CASA) in response to identified safety issues. The authority to issue these directives is derived from the Act, and the resultant ADs are required to be assessed and potentially adopted by States of Registry, including Australia, to ensure compliance with international safety standards.
The specific AD/GAF-N22/69 Amendment 6, effective from 22 October 2009, addresses an unsafe situation concerning the Nomad N22 and N24 aircraft, which had been subject to operational limitations due to aileron flutter. This AD mandates corrective action to eliminate the cause of the flutter and removes the previously imposed operational limitations. While the AD was issued due to Australia’s role as the State of Design, no Australian aircraft were affected as the only Nomad on the Australian register had already been modified. Consequently, CASA did not consult with the Australian industry and public. However, as per international obligations, CASA was required to develop and transmit the AD to other States of Registry to ensure global compliance and safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This is an essential tool for ensuring the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case Australia, has the overarching responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry to ensure the safety and compliance of the aircraft in question.
These ADs are critical for maintaining the continuing airworthiness of aircraft and ensuring safety standards are met. When CASA issues an AD, it mandates certain requirements that must be complied with by the operators of the affected aircraft. The AD/GAF-N22/69 Amendment 6, effective from 22 October 2009, addresses an unsafe condition related to aileron flutter in Nomad N22 and N24 aircraft. This AD requires corrective action to remove the flutter issue and lift previous operational limitations that had been imposed due to the problem. These limitations had inadvertently introduced other issues that could only be resolved by implementing the new AD.
The obligations under this AD are stringent, as it mandates that operators of the affected aircraft must take corrective action to eliminate the flutter issue and adhere to the new requirements. The State of Registry, in this case Australia, is responsible for ensuring that these requirements are implemented and that the aircraft remain airworthy. CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. In this particular instance, because no Australian aircraft were affected by the issue, CASA did not consult with the Australian industry and public. However, as Australia is the State of Design for the Nomad type, CASA was required to develop and transmit the AD to other States of Registry.
Failure to comply with an AD can lead to serious consequences. Civil penalties can be imposed for non-compliance, and in severe cases, criminal penalties may apply. The maximum penalties for breaches of regulations under the Civil Aviation Act 1988 can include substantial fines and imprisonment. The severity of the penalties reflects the critical importance of adhering to ADs to ensure the safety of air navigation. Ensuring compliance with ADs is therefore not only a legal obligation but also a critical aspect of maintaining the safety and airworthiness of aircraft.