Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, aligning with the provisions of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) under regulation 39.001 of the CASR, aiming to address unsafe conditions in aircraft or aeronautical products. AD/INST/10, issued in 1971, originally mandated inspection intervals for fatigue meters produced by Mechanisms Ltd. to ensure their accuracy. Following a request from industry, CASA issued AD/INST/10 Amdt 2 in 2019 to update the AD by reflecting a change in the name of the manufacturer of the fatigue meters. This amendment ensures that the AD remains relevant and accurate, maintaining the safety standards expected under the Civil Aviation Act 1988. The amendment was made at the request of industry and deemed not to require further consultation due to its minor nature.

Scope and Application

The AD/INST/10 Amdt 2 pertains to the Civil Aviation Safety Regulations 1998, which govern the continuing airworthiness of aircraft registered in Australia. It specifically applies to mechanisms manufactured by the company previously known as Mechanisms Ltd., now updated to reflect a change in the manufacturer's name. This legislative instrument targets entities involved in the maintenance and operation of aircraft equipped with the specified fatigue meters. The AD applies nationally, as it involves a safety directive issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The amendment does not introduce any new exclusions or exemptions; it simply updates the name of the manufacturer within the existing regulatory framework. The authority to make such amendments is derived from the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with no additional subordinate instruments extending or restricting its application.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 Amendment (Mechanical Fatigue Meters) 2019 (AD/INST/10 Amdt 2) pertain to updating the name of the manufacturer of fatigue meters in the original airworthiness directive (AD) AD/INST/10. The AD was issued in 1971 to address an unsafe condition in the fatigue meters produced by Mechanisms Ltd., which were installed on several aircraft registered in Australia. The AD mandated inspection intervals to ensure the meters' accuracy. A subsequent amendment in 1973, AD/INST/10 Amdt 1, extended these inspection intervals to meters with dual springs. Now, with AD/INST/10 Amdt 2, the Civil Aviation Safety Authority (CASA) has updated the name of the manufacturer to reflect the current market realities and maintain the directive's relevance. Under this legislative instrument, CASA imposes the obligation on the State of Registry of any aircraft equipped with the specified fatigue meters to ensure that these meters are inspected at the intervals prescribed in the updated AD. This requirement is integral to maintaining the continuing airworthiness of these aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The updated AD, while primarily a formality to reflect the change in the manufacturer's name, ensures that all regulatory requirements remain clear and applicable to the current market conditions. The AD itself does not introduce new offences, penalties, or civil/criminal consequences for non-compliance. However, failure to comply with the inspection intervals mandated in AD/INST/10 Amdt 2 could lead to an aircraft being deemed unairworthy. Such a determination by CASA could result in the aircraft being grounded until the required inspections are performed and any necessary repairs are made. Additionally, operators failing to comply with CASA directives may face enforcement actions under the Civil Aviation Act 1988, which could include fines or other penalties as determined by the Australian Federal Court. CASA has determined that no further consultation was necessary for this amendment, as it is of a minor nature and does not substantially alter existing arrangements. This decision aligns with the criteria outlined in section 17 of the Legislation Act 2003. Moreover, a Regulation Impact Statement is not required as per the standing agreement between CASA and the Office of Best Practice Regulation, which exempts ADs from such requirements (OBPR id. 14507). The instrument was made by a delegate of CASA, relying on the delegation power under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 and subsection 94(1) of the Civil Aviation Act 1988, and it commenced on 22 March 2019.