AD/DAUPHIN/25 - MGB Support Bar Shackle - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations that align with the safety interests of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that ensure aircraft and aeronautical products meet safety standards. The ADs serve as a mechanism for states to communicate necessary information for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the processes for issuing ADs, including their status as disallowable instruments and their role in reducing regulatory burdens. The cancellation of a specific AD affecting Eurocopter SA365 Dauphin helicopters demonstrates CASA’s commitment to safety and efficiency by eliminating outdated or unnecessary directives. This particular AD cancellation, which takes effect on 27 August 2009, reflects CASA’s adherence to international standards and its responsibility under the Act to maintain airworthiness.

Scope and Application

The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs are legislative instruments that hold the authority of law, and are designed to maintain the continuing airworthiness of aircraft as mandated by the State of Registry under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 provides the overarching legislative framework within which these ADs operate, with the specific issuance and implementation of ADs falling under the regulatory purview of CASA. As part of its duties, CASA can issue, amend, or cancel ADs based on safety assessments and the resolution of identified unsafe conditions. For instance, CASA issued AD/DAUPHIN/25 in 1990 concerning Eurocopter SA365 Dauphin helicopters, which has since been cancelled effective 27 August 2009, as the original safety concern no longer exists, thereby reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement. This legislative framework ensures that ADs are issued and managed in a manner that prioritises the safety and regulatory compliance of the aviation sector.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These 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, which are a standard form of continuing airworthiness information as per Annex 8 to the Convention on International Civil Aviation, are issued by most ICAO Contracting States. The State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry, which is responsible for a particular aircraft, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry, while the State of Registry is responsible for implementing and enforcing the ADs issued by CASA. CASA, in turn, has the responsibility of reviewing and issuing ADs to ensure the safety of aircraft in Australia. This includes monitoring the airworthiness of aircraft and aeronautical products, investigating potential safety issues, and taking appropriate action to address any identified problems. Failure to comply with the requirements of the ADs can result in civil and criminal penalties. Under the Civil Aviation Act 1988, any person who contravenes an AD may be liable to a penalty of up to $10,000 for each day the contravention continues. In addition, CASA may issue a direction to the operator of an aircraft to address any identified safety issues, and failure to comply with such a direction may result in further penalties. In the case of serious breaches that result in death or serious injury, the penalties can be significantly higher. For example, under section 64 of the Act, any person who is reckless as to whether an AD is complied with may be liable to a penalty of up to $500,000 or imprisonment for up to five years, or both. Similarly, under section 65 of the Act, any person who is negligent in relation to the safety of air navigation may be liable to a penalty of up to $250,000 or imprisonment for up to two years, or both. It is important to note that the AD/DAUPHIN/25 issued by CASA in 1990 affecting Eurocopter SA365 Dauphin helicopters has been cancelled, with the cancellation becoming effective on 27 August 2009. This cancellation was made due to the original unsafe condition no longer existing, and no replacement AD is required. No consultation with the Australian public was undertaken for this AD cancellation as it results in a reduction of the regulatory burden. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.