AD/DAUPHIN/21 - Tail Rotor Pitch Change Spider and Blade Horn Foot - CANCELLED

Overview

The Civil Aviation Act 1988 is a foundational piece of legislation that governs civil aviation in Australia, including the regulation of air navigation safety and the issuance of airworthiness directives. Enacted by the Australian Parliament, this Act provides the Civil Aviation Safety Authority (CASA) with the regulatory framework to ensure the safety of air navigation, particularly through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of the Act is to harmonise Australian regulations with international standards set by the Convention on International Civil Aviation, ensuring that the State of Design and State of Registry maintain the continuing airworthiness of aircraft. In this context, the cancellation of AD/DAUPHIN/21 for Eurocopter SA365 Dauphin helicopters, which will become effective on 27 August 2009, reflects CASA's role in managing regulatory burdens and ensuring safety standards are met without the need for a replacement AD as the original unsafe condition no longer exists.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901, and they play a crucial role in ensuring the continuing airworthiness of aircraft in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the state where the aircraft is registered, has the responsibility of ensuring the aircraft's continuing airworthiness. CASA, acting on behalf of the Commonwealth, has the authority to issue these directives, as evidenced by the issuance and subsequent cancellation of AD/DAUPHIN/21 in 1987 for Eurocopter SA365 Dauphin helicopters. The cancellation of this AD, effective from 27 August 2009, was determined by CASA, and no replacement directive is necessary as the unsafe condition it was addressing no longer exists. This action reduces the regulatory burden without necessitating public consultation, as determined by the Office of Best Practice Regulation, which also confirmed that the cancellation does not require a Regulatory Impact Statement.

Key Provisions

The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as detailed in section 98 of the Civil Aviation Act 1988, are made in the interests of the safety of air navigation. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft types, a responsibility borne by the State of Design under Annex 8 to the Convention on International Civil Aviation, and enforced by the State of Registry. Entities and parties governed by these regulations are required to comply with the ADs issued by CASA. Specifically, the State of Registry must ensure that the aircraft it registers meets the continuing airworthiness requirements. For example, CASA issued AD/DAUPHIN/21 in 1987, which concerned Eurocopter SA365 Dauphin helicopters. After reviewing the AD, CASA decided to cancel it, effective from 27 August 2009, as the original unsafe condition no longer existed. This cancellation reduces the regulatory burden, and as such, did not require consultation with the Australian public nor a Regulatory Impact Statement by the Office of Best Practice Regulation. Failure to comply with ADs can result in significant civil or criminal consequences. Although the specific penalties are not detailed in the text, non-compliance with airworthiness regulations generally can result in substantial fines and even imprisonment. For instance, under section 46 of the Civil Aviation Act 1988, an individual found guilty of an offence against the Act can be fined up to $120,000 and/or imprisoned for up to five years. Companies can face even higher fines, depending on the severity of the breach. The ADs themselves, being legislative instruments, carry the weight of law, and their violation can lead to enforcement actions by CASA, including grounding of non-compliant aircraft or products.