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, 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.
The German Luftfahrt-Bundesamt (LBA) has issued AD’s listed Appendix 1 and Transport Canada Aviation (TCA) has issued AD’s listed in Appendix 2 of this Explanatory Statement affecting Eurocopter BO 105 helicopters. Germany was originally the state of design which was handed to Canada for this helicopter model. CASA has assessed the listed AD’s and has issued Australian AD/BO 105/25 which will become effective on 25 October 2007.
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, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Appendix 1
LBA AD | Effective Date | Title |
75-103 | 21 May 1975 | Quadruple Nuts – Main Rotor Head |
75-106/2 | 16 June 1975 | Hose Assemblies |
75-170/2 | 17 September 1975 | Quadruple Nuts and Bolts – Main Rotor Head |
75-171 | 5 August 1975 | Power Supply System Connector Plugs |
75-191/2 | 1 October 1975 | Load hook Release Wiring |
75-238 | 27 October 1975 | Right Outboard Engine Mount Flange |
76-136/2 | 5 October 1978 | Gearbox Supports – Service Life |
76-255/2 | 4 October 1976 | Dual Hydraulic Booster |
76-256/3 | 19 February 1980 | Rotor Brake |
77-306 | 12 December 1977 | Input Shaft and Ram Air Ventilation |
78-257 | 18 October 1978 | Dual Hydraulic System Selector Valves |
78-295/2 | 21 January 1980 | Tail Rotor Blades and Tail Rotor Heads |
79-135 | 20 March 1979 | Main Rotor Transmission Bearings |
79-136 | 14 March 1979 | Exhaust Pipe Clamps |
79-137 | 16 March 1979 | Drive Shaft Fairing – Asbestos Cloth |
79-234 | 17 May 1979 | Tail Rotor Control Linkage |
79-235/2 | 18 October 1979 | Dual Hydraulic Booster System |
79-444 | 17 October 1979 | Engine Cowling Fire Protection Paint |
80-95/2 | 11 June 1980 | Bendix Drive Shaft |
80-208 | 27 August 1980 | Main Gearbox Freewheel Shaft |
83-124/2 | 30 October 1984 | Tandem Hydraulic Units |
84-128 | 6 August 1984 | Tail Rotor Blades |
84-177/2 | 14 January 1984 | Cargo Hook |
84-178 | 5 November 1984 | Vertical Fin |
85-50 | 18 February 1985 | Control Rods |
Appendix 2.
TCA AD | Effective Date | Title |
CF-91-41 | 1 February 1992 | Torque Indication Hose |
CF-93-06 | 30 April 1993 | Continuous Ignition System |
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework governing civil aviation in Australia, addressing the need for a unified regulatory approach to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) to maintain the safety of aircraft. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with international safety standards as set out in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its obligations under international conventions while maintaining the safety and airworthiness of aircraft registered in the country.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products, as per regulation 39.001. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of ADs is necessitated by 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 must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, must then evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. In this instance, CASA has issued AD/BO 105/25 following the assessment of ADs issued by the German Luftfahrt-Bundesamt (LBA) and Transport Canada Aviation (TCA) concerning Eurocopter BO 105 helicopters, originally designed in Germany but now under Canadian oversight. This AD becomes effective on 25 October 2007 and, due to its international obligations and response to foreign directives, did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with particular emphasis on safety. Under section 98, the Governor-General is empowered to make regulations that serve the Act’s purpose and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments, meaning they can be disallowed by either House of Parliament, and as such, are legislative instruments under the Legislative Instruments Act 2003.
These airworthiness directives are crucial in maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft was originally designed) has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry (the countries where the aircraft are registered). When the State of Design issues an AD, the State of Registry, in this case CASA, must evaluate this information and, if necessary, issue a corresponding AD to enforce the requirements. This ensures that all aircraft registered in Australia meet the same safety standards.
The obligations imposed by these regulations are clear. CASA must assess any ADs issued by the State of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD to mandate compliance. Additionally, the State of Registry, in this case CASA, must ensure that all aircraft registered in Australia comply with the ADs issued by the State of Design. This involves inspecting aircraft, implementing required modifications, and ensuring ongoing compliance with safety standards.
Failure to comply with an AD can result in significant consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs can lead to serious safety issues, potentially resulting in aircraft being grounded or prohibited from flying. Civil and criminal penalties can include fines, imprisonment, or both, depending on the severity of the breach and the potential risk to safety posed by non-compliance. The exact penalties would be determined under the broader provisions of the Civil Aviation Act 1988 and other relevant legislation.