AD/AS 355/14 Amdt 1 - Combiner Gearbox R.H. and L.H. - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational statute for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, and it is under this authority that the Civil Aviation Safety Regulations 1998 were created. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products to maintain and enhance aviation safety standards. The ADs are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. The policy objective underpinning these legislative measures is to align Australian aviation safety practices with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO), ensuring both national and global air travel safety. In accordance with the Convention on International Civil Aviation and its Annex 8, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, acting on behalf of Australia, issued and subsequently cancelled AD/AS 355/14 Amdt 1 for Eurocopter AS355 helicopters, reflecting Australia's commitment to international civil aviation obligations. The cancellation of this AD, effective from 30 July 2009, was conducted without public consultation as it directly relates to Australia's international obligations. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Safety Regulations 1998, as authorised under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as detailed in regulation 39.001. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and the process of their creation and cancellation adheres to the requirements of the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft and aeronautical products within Australia, ensuring compliance with both national safety standards and international obligations under the Convention on International Civil Aviation. Notably, the State of Registry of an aircraft holds the primary responsibility for its continuing airworthiness, while the State of Design retains the overarching duty to provide necessary information to support this process. In the specific case of AD/AS 355/14 Amdt 1, affecting Eurocopter AS355 helicopters, CASA, acting on its authority, cancelled the directive due to Australia's commitments under the Convention, without necessitating public consultation or a Regulatory Impact Statement. The cancellation, made by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, became effective on 30 July 2009, and no replacement AD was required.

Key Provisions

The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. In this context, 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, as stipulated by subregulation 39.001(5) and the Acts Interpretation Act 1901, further clarified by the Legislative Instruments Act 2003. Compliance with these ADs is critical, as they are designed to maintain the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that an aircraft type remains airworthy, while the State of Registry is tasked with implementing or adopting requirements that uphold this airworthiness. In Australia, CASA is responsible for issuing and managing these directives to ensure compliance with both national and international standards. CASA has recently cancelled AD/AS 355/14 Amdt 1, which affected Eurocopter AS355 helicopters, effective from 30 July 2009. This cancellation was in accordance with Australia’s obligations under the Convention on International Civil Aviation and did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Airframe and Structures in CASA’s Airworthiness Engineering Group issued this AD cancellation under subsection 84A(2) of the Act, ensuring that the process adhered to statutory requirements. Failure to comply with ADs can lead to significant consequences. The Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators to ensure their aircraft meet the airworthiness standards outlined in any applicable ADs. Non-compliance can result in civil penalties, including fines and potential prosecution under section 146 of the Civil Aviation Act 1988, which carries a maximum penalty of 120 penalty units for individuals and 600 penalty units for corporations. In severe cases, CASA may also suspend or revoke an aircraft’s certificate of airworthiness, effectively grounding the aircraft until the required actions are taken to comply with the ADs. These penalties underscore the importance of adhering to ADs to maintain safety in air navigation.