AD/BELL 222/14 Amdt 1 - Horizontal Stabiliser Assembly

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legislative framework for ensuring the safety and efficiency of civil aviation within Australia. In particular, it empowers the Governor-General to make regulations in the interest of the safety of air navigation, such as the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. This legislative process ensures that Australia adheres to international standards, as set out in Annex 8 of the Convention on International Civil Aviation, by issuing corresponding ADs in response to directives from other contracting states, such as the United States in the case of the Bell 222 model helicopters.

Scope and Application

The Civil Aviation Act 1988, and the subsequent Civil Aviation Safety Regulations 1998, provide a legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve to ensure compliance with the continuing airworthiness requirements of aircraft and aeronautical products, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is mandated to develop or adopt requirements ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA assesses the information and issues an Australian AD if appropriate. For instance, in response to the US Federal Aviation Administration’s AD 89-17-05 for Bell 222 model helicopters, CASA issued Australian AD/BELL 222/14, Amendment 1, effective from 4 August 2005, cancelling and replacing the previous AD. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and the assessments of the relevant State of Design.

Key Provisions

The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued and enforced in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. It is important to note that an AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These ADs are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. This state must provide necessary information to ensure airworthiness to the appropriate States of Registry. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design, such as the US Federal Aviation Administration (FAA), issues an AD for a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. In the case of the Bell 222 model helicopters, the US FAA issued AD 89-17-05, and CASA subsequently issued Australian AD/BELL 222/14, Amendment 1, which became effective on 4 August 2005. This new directive cancels and replaces the previous issue. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place, and a Regulatory Impact Statement is not required. The AD was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed by these ADs are stringent and centre around ensuring the continuing airworthiness of aircraft. All aircraft operators and owners must comply with the directives issued under these regulations. Failure to adhere to the requirements of an AD can result in serious consequences. Section 92 of the Civil Aviation Act 1988 provides that offences under the Act can be subject to penalties. These penalties can include substantial fines and, in some cases, imprisonment. For instance, section 92(1)(a) states that an individual can be fined up to 5,000 penalty units for an offence against the Act, which equates to a significant financial penalty given the current penalty unit value. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with ADs, which can have severe operational and financial implications for the operators involved.