AD/BELL 412/31 - Fin to Tail Boom Junction - CANCELLED

Overview

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft and aeronautical products to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 allow CASA to issue these directives as a legislative instrument under the Acts Interpretation Act 1901, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, who in turn must ensure the aircraft's ongoing airworthiness. The cancellation of AD/BELL 412/31 for Bell 412 helicopters, issued in 1992 and cancelled effective 19 November 2009, was carried out by CASA in accordance with the Convention, and thus no public consultation or Regulatory Impact Statement was required.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The application of these ADs aligns with the obligations Australia has under Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the airworthiness of individual aircraft. The AD in question, AD/BELL 412/31, which affected Bell 412 helicopters, has been cancelled by CASA due to Australia's international obligations, rendering consultation with the public unnecessary and exempt from requiring a Regulatory Impact Statement. The cancellation of this AD, effective from 19 November 2009, was made by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations, with a focus on maintaining safety standards in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument as per section 6 of the Legislative Instruments Act 2003. In terms of obligations, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the appropriate States of Registry to ensure that aircraft remain airworthy. Conversely, the State of Registry is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to uphold this responsibility. The Civil Aviation Safety Regulations 1998 reflect this international standard by allowing CASA to issue ADs, which serve as a common form of continuing airworthiness information in line with international practices. The obligations of CASA under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the issuance, review, and cancellation of ADs as necessary to maintain safety standards. For example, CASA issued AD/BELL 412/31 in 1992, affecting Bell 412 helicopters, but subsequently reviewed and cancelled this AD, effective from 19 November 2009. This action was taken due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD was deemed necessary. Given that ADs do not require a Regulatory Impact Statement and no public consultation was necessary for this particular cancellation, the process was streamlined in compliance with these regulatory frameworks. Regarding potential breaches and consequences, the Act does not explicitly detail offences or penalties for non-compliance with ADs within the provided text. However, it is implied that failure to adhere to ADs could result in civil or criminal penalties, given the legislative nature of these directives. Non-compliance with ADs could lead to severe consequences, including the grounding of aircraft, fines, and other regulatory actions. Although the specific maximum penalties are not mentioned in the text, the overarching aim is to ensure that ADs are followed to maintain the highest safety standards in air navigation.