CASA 437/09 – Direction – to investigate major defects in Dornier 328-100 aircraft and report to CASA

Overview

The Civil Aviation Regulations 1988 were amended in 2009 to address the issue of uncommanded engine power and torque fluctuations in Dornier 328-100 aircraft operated by Aerorescue Pty Limited. These incidents posed significant safety risks in air navigation, prompting the Civil Aviation Safety Authority (CASA) to issue a direction under subregulation 38(1) of the Civil Aviation Regulations 1988. The authority to make such regulations is granted by Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to establish rules for the safety of air navigation. This legislative instrument, identified as F2009L03620, mandates Aerorescue to investigate these incidents and submit reports to CASA within a specified timeframe, utilising the CASA Service Difficulty Reporting system. The direction is classified as a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary oversight, including the potential for disallowance. Despite not undergoing consultation with Aerorescue, the direction was enacted to ensure the safety of air navigation and took effect upon registration, expiring at the end of 2009.

Scope and Application

The Civil Aviation Regulations 1988, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue directions pertaining to the maintenance of Australian aircraft, thereby ensuring the safety of air navigation. Specifically, subregulation 38(1) of the Civil Aviation Regulations 1988 mandates that CASA can direct actions to address safety concerns, including the investigation of reported incidents. In this context, CASA has directed Aerorescue Pty Limited, an entity operating Dornier 328-100 aircraft, to investigate incidents involving uncommanded engine power and torque fluctuations and to submit reports to CASA within a specified timeframe, following the CASA Service Difficulty Reporting system. This direction applies exclusively to Aerorescue and its Dornier 328-100 aircraft and is aimed at addressing identified safety issues to maintain air navigation safety. The legislative instrument, as a regulation under the Civil Aviation Regulations 1988, is subject to tabling and disallowance in Parliament as stipulated by the Legislative Instruments Act 2003. The direction, which is in effect from its registration until 31 December 2009, was issued without consultation with Aerorescue, deemed necessary to promptly address the safety concerns at hand.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue directions for ensuring the safety of air navigation. Specifically, subregulation 38(1) of CAR 1988 allows CASA to direct aircraft maintenance to prevent safety issues. A recent direction (CASA 437/09) mandates Aerorescue, the operator of Dornier 328-100 aircraft, to investigate and report on uncommanded engine power and torque fluctuations experienced during flight. These reports must adhere to the CASA Service Difficulty Reporting system, established under regulation 51 of CAR 1988, and are to be submitted within a specified timeframe. The obligations imposed by this direction on Aerorescue include conducting a thorough investigation of the reported incidents and submitting detailed reports to CASA. This involves compiling data, analysing flight records, and providing recommendations to mitigate the risks associated with the engine power and torque fluctuations. Aerorescue must ensure that these reports are comprehensive and timely, as mandated by the direction. Furthermore, Aerorescue is required to maintain records of the investigations and reports, which may be subject to CASA review. Failure to comply with the direction can lead to serious consequences. Under the Legislative Instruments Act 2003 (LIA), this direction is considered a legislative instrument, subject to tabling and disallowance in the Parliament. While the direction was issued without consultation with Aerorescue, it was deemed necessary in the interest of air navigation safety. Non-compliance with the direction may result in CASA taking further regulatory action, which could include fines, enforcement notices, or other sanctions. The specific penalties for non-compliance are not detailed in the direction, but they can be severe given the safety implications of the incidents in question.