AD/PHZL/81 - Propeller Attachment Bolts

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of safety, as demonstrated in the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, must assess international ADs and, if necessary, issue corresponding Australian ADs to comply with international standards and obligations. This process ensures that Australian-registered aircraft meet global safety requirements.

Scope and Application

The Civil Aviation Act 1988 applies to the safety of air navigation and mandates that the Governor-General may create regulations to ensure this safety. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to scrutiny under the Legislative Instruments Act 2003. Such directives are necessary for maintaining the continuing airworthiness of aircraft and are a requirement under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority, must issue corresponding Australian ADs if appropriate, following assessment of information from the State of Design. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.

Key Provisions

The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations that serve the Act's purpose and aim to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, an AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Under the Convention on International Civil Aviation and its Annex 8, the State of Design holds the primary responsibility for an aircraft type's ongoing airworthiness. This State must provide all necessary information to ensure the continuing airworthiness of the aircraft type to the relevant States of Registry. ADs are the most prevalent form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, where an individual aircraft is registered, is accountable for the aircraft's continuing airworthiness. The State of Registry must establish or adopt requirements to ensure the aircraft's ongoing airworthiness. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must evaluate that information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. In this context, the United States, as the State of Design, has issued AD 2005-14-12 concerning Hartzell series propellers. CASA has assessed this AD and has issued Australian AD/PHZL/81, which will become effective on 29 September 2005. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Regarding the obligations imposed by the AD, the State of Registry must ensure that all aircraft registered within its jurisdiction comply with the airworthiness directive. This includes conducting any necessary inspections, repairs, or modifications as outlined in the AD to maintain the aircraft's airworthiness. Additionally, aircraft operators and owners must follow the AD's requirements and ensure that their aircraft meet the specified safety standards. Failure to comply with the AD may result in the aircraft being deemed unairworthy and potentially facing enforcement actions by CASA. Should any party or entity fail to comply with the requirements set forth in the AD, it may result in various civil or criminal consequences. For instance, non-compliance could lead to enforcement actions by CASA, including fines, suspension or revocation of an airworthiness certificate, or other penalties as deemed appropriate. The specific penalties for non-compliance with an AD are not explicitly stated in the provided text, but they could vary depending on the severity of the violation and the discretion of CASA.