AD/AS 355/58 Amdt 2 - Rear Bench Cushions

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations that align with the objectives of the Act, particularly concerning the safety of air navigation. One such regulation, established under 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 integral to maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The process for issuing these directives involves CASA assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements set forth by the State of Design, thereby ensuring compliance with international obligations and maintaining safety standards.

Scope and Application

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in civil aviation within Australia, specifically those who own, operate, or maintain aircraft registered in the country. The Act mandates the creation of airworthiness directives (ADs) to ensure the continuing safety and airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The application of the Act is national in scope, covering all aircraft within Australian jurisdiction, and it extends to both domestic and international flights that involve aircraft registered in Australia. The Act's authority is exercised by the Civil Aviation Safety Authority (CASA), which is tasked with issuing ADs in response to safety concerns identified by the State of Design or other contracting states to the Convention on International Civil Aviation. Notably, the issuance of ADs is exempt from certain regulatory processes, such as the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and there is no requirement for public consultation due to the international obligations governing civil aviation safety.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and is subject to disallowance provisions under section 46A of the Acts Interpretation Act 1901. The issuance of ADs is a common practice among ICAO Contracting States and is mandated under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type. The State of Registry, which in the case of Australia is CASA, is tasked with ensuring the continuing airworthiness of individual aircraft within its registry. When a State of Design, such as France, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This process was followed with the issuance of AD/AS 355/58, Amendment 2, by CASA, which becomes effective on 10 April 2008, addressing the Eurocopter AS355 model helicopters as per EASA’s AD 2008-0044. Given that this AD is a direct response to international obligations and the requirements of the State of Design, no public consultation was conducted, and the Office of Best Practice Regulation has determined that it does not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed by this AD require all holders of an Australian Certificate of Airworthiness for Eurocopter AS355 model helicopters to comply with the AD’s specifications by the effective date of 10 April 2008. This involves implementing any necessary modifications, inspections, and maintenance actions as stipulated in the AD to ensure the aircraft's continued airworthiness. Operators must also ensure that all personnel involved in the maintenance, inspection, and operation of these aircraft are adequately informed of the requirements and changes outlined in the AD. Compliance is mandatory and must be demonstrated through appropriate documentation and records. Failure to comply with the requirements set forth in the AD can result in severe consequences. The Civil Aviation Safety Regulations 1998 include provisions that may lead to enforcement actions, including fines, suspension, or revocation of the aircraft's Certificate of Airworthiness. Under section 30 of the Civil Aviation Act 1988, CASA has the authority to impose civil penalties for non-compliance with ADs. The maximum penalty for contravening an AD can be significant, potentially reaching up to $33,000 for individuals and higher for corporations, depending on the severity and circumstances of the breach. Additionally, non-compliance can lead to criminal charges under section 95 of the Act, resulting in imprisonment if found guilty in a court of law.