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, the Civil Aviation Safety Authority (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.
CASA and its predecessors issued AD/AS 355/18 specifying inspection of AS355 helicopters. AD/AS 355/18 is intended to match AD 86-35-28 (B), paragraph B, issued for the AS355 in France, the State of Design of the AS355. Paragraph A is covered by AD/AS 355/1. CASA has reviewed AD/AS 355/18 and has decided to amend it to more closely match AD 86-35-28 (B), paragraph B. The amendment, AD/AS 355/18 Amdt 1, will become effective on 30 July 2009. This AD cancels and replaces the previous issue.
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 Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of aviation safety, and one such regulation, regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft types. The ADs are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and requires the provision of necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, plays a critical role in assessing and implementing these directives to ensure compliance and safety within the Australian aviation sector.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by this instrument, apply to all aircraft registered in Australia, including helicopters, aeroplanes, and other airborne vehicles. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing airworthiness directives (ADs) in accordance with section 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are issued to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must develop or adopt requirements to ensure that aircraft remain airworthy, and ADs are the primary mechanism by which these requirements are communicated and enforced. This particular AD, AD/AS 355/18 Amdt 1, specifically addresses the inspection requirements for AS355 helicopters, aligning them more closely with the directives issued by the State of Design, France. This AD cancels and replaces the previous issue, AD/AS 355/18, and is effective from 30 July 2009. Given the international nature of its obligations, CASA did not consult the Australian public on this AD, and the Office of Best Practice Regulation has determined that 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) concerning specific types of aircraft or aeronautical products. This authority is exercised under the broader mandate granted to the Governor-General by section 98 of the Civil Aviation Act 1988, which allows for the making of regulations for air navigation safety. The ADs, as specified in subregulation 39.001(5), are recognised as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve to ensure the continuing airworthiness of aircraft, aligning with the requirements of Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type bears the responsibility for its continuing airworthiness, and must provide necessary information to the States of Registry. Conversely, the State of Registry is tasked with maintaining the airworthiness of individual aircraft, which includes adopting or developing requisite measures to this end. Consequently, when the State of Design issues an AD for an aircraft type registered in Australia, CASA is obligated to evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The specific AD under discussion, AD/AS 355/18, pertains to the inspection of AS355 helicopters and is intended to correspond with AD 86-35-28 (B), paragraph B, issued by France, the State of Design for the AS355. CASA has decided to amend AD/AS 355/18 to better align it with the French AD, with the amended version, AD/AS 355/18 Amdt 1, set to take effect on 30 July 2009. This amendment replaces the previous directive. As this AD is issued in response to international obligations and an AD from the State of Design, there has been no public consultation in Australia on this matter, and it does not require a Regulatory Impact Statement.
The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Under this legislation, entities such as aircraft manufacturers, operators, and maintenance organisations are required to comply with ADs. Failure to adhere to the mandates set out in an AD can result in serious safety implications, including potential civil or criminal penalties. The severity of these penalties can vary, but they are intended to enforce compliance and maintain the highest standards of aviation safety.