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.
The Civil Aviation Safety Authority of New Zealand has issued ADs as listed in Schedule 1 affecting Alpha Aviation Robin series aeroplanes. New Zealand is now the State of Design for these aeroplanes which was previously held by France.
CASA has reviewed the ADs issued by the CAA (NZ) and has determined that the ADs listed in Schedule 1 may be applicable to Australian aircraft. The ADs listed in Schedule 1 require either one time actions for which the compliance date and/or period has passed or multiple inspection/actions until a terminating action has been applied and the compliance date and/or period for the terminating action has passed.
CASA has issued AD/ROBIN/39 which will become effective on 5 December 2007.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
NZ CAA AD Number | Effective Date | Equivalent DGAC AD | Title |
DCA/R2000/1 | 29 June 2006 | F-1974-052 | Aft Fuselage Side Cover Plates |
DCA/R2000/2 | 29 June 2006 | F-1974-138 | Battery Protection Fuse - Modification |
DCA/R2000/3 | 29 June 2006 | F-1974-160 | VOR Antenna Support Rib Inspection and Modification |
DCA/R2000/4 | 29 June 2006 | F-1975-054 | Engine Flexible Baffles |
DCA/R2000/5 | 29 June 2006 | F-1975-156 | Flap Rib Assemblies |
DCA/R2000/6 | 29 June 2006 | F-1975-185 | Engine Bearer Attachments |
DCA/R2000/7 | 29 June 2006 | F-1975-230 | Fuel Tank Filler Caps |
DCA/R2000/8 | 29 June 2006 | F-1976-078 | Cylinder Metallic Baffles |
DCA/R2000/9 | 29 June 2006 | F-1976-167 | Aileron Control Cable Bolts |
DCA/R2000/10 | 29 June 2006 | F-1978-075 | Flaps with Three Ribs – Inspection and Replacement |
DCA/R2000/11 | 29 June 2006 | F-1980-005 | Battery – Inspection and Modification |
DCA/R2000/12 | 29 June 2006 | F-1980-186 | Fuel Fittings |
DCA/R2000/18 | 29 June 2006 | F-1989-074R1 | Safety Belt Quick-disconnect Link |
DCA/R2000/20 | 29 June 2006 | F-1994-183R1 | Fuel Tank Filler Caps |
DCA/R2000/26 | 29 September 2006 | F-1999-114R3 | Manifold Air Intake |
DCA/R2000/29 | 29 June 2006 | F-2000-172 | Control Surfaces – Calibration and Balance |
DCA/R2000/35 | 29 June 2006 | F-2002-364 | Air Intake Flap Hinge |
DCA/R2000/36 | 29 June 2006 | F-2003-202 | Aileron Bellcrank |
DCA/R2000/38 | 29 June 2006 | No Equivalent | Cabin Compartment Barrier – Inspection and Modification |
DCA/R2000/39 | 31 August 2006 | No Equivalent | Fuel Shut - Off Mechanism |
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs civil aviation safety in Australia, with the overarching aim of ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide a regulatory framework for airworthiness, among other safety aspects. One of the key mechanisms through which airworthiness is maintained is the issuance of airworthiness directives (ADs). These directives are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate specific actions or inspections required to maintain the airworthiness of aircraft. In response to New Zealand's issuance of ADs concerning Alpha Aviation Robin series aeroplanes, CASA has determined the applicability of these directives to Australian aircraft and subsequently issued AD/ROBIN/39, effective from 5 December 2007. This action was taken in adherence to Australia's obligations under the Convention on International Civil Aviation and without public consultation, as deemed appropriate by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments made in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a means to ensure the continuing airworthiness of aircraft types, particularly those registered in Australia. The ADs are issued in response to directives from the State of Design, in this case, New Zealand, and are intended to align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs listed in Schedule 1 mandate actions for Alpha Aviation Robin series aeroplanes, either as one-time actions or multiple inspections until certain conditions are met. The AD/ROBIN/39 issued by CASA will take effect on 5 December 2007, and as it pertains to international obligations and is not subject to public consultation, it does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and are further classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry according to Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these ADs are significant for both the State of Design and the State of Registry. The State of Design, such as New Zealand in the case of Alpha Aviation Robin series aeroplanes, must provide necessary information to ensure the airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must then assess this information and, if appropriate, issue corresponding ADs for Australian aircraft. This ensures that all aircraft registered in Australia comply with international safety standards.
Breaching the requirements set out in these ADs can have serious legal consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs can typically lead to civil or criminal charges, depending on the severity of the breach. These consequences may include fines, imprisonment, or both, as stipulated under the Civil Aviation Act 1988 and other relevant legislation. The seriousness of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs in response to obligations under international conventions and directives from the State of Design. This process is efficient and does not typically involve public consultation, as ADs are not considered to require a Regulatory Impact Statement. CASA issues these ADs to mandate safety requirements, ensuring that all applicable aircraft meet the necessary safety standards. This systematic approach helps maintain high safety standards across the aviation industry in Australia.