AD/DAUPHIN/83 Amdt 2 - Tail Rotor Gearbox Oil Level and Pitch Control Rod Bearing - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations for this purpose. Under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were introduced to further regulate airworthiness, with regulation 39.001 authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to assess information from the State of Design and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This ensures compliance with international standards and the safety of air navigation within Australia.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with specific provisions for the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs, which are legislative instruments, apply to the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with safety standards. The application of these regulations extends to all aircraft registered in Australia, thereby encompassing both individual aircraft and the broader aviation industry. The geographic reach of these regulations is national, as they are administered by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. ADs may be issued by CASA or by the State of Design on behalf of Australia, and they must be assessed and, if necessary, adopted by CASA to maintain the continuing airworthiness of aircraft. The Act and accompanying regulations do not specify exclusions or thresholds for the issuance of ADs, thereby applying broadly across the aviation sector.

Key Provisions

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 provides the authority for the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Notably, under subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901, and consequently, they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The Act and its regulations place certain obligations on the entities involved. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of that type. This information is typically conveyed through ADs. The State of Registry, which is responsible for the airworthiness of individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of those aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various legal consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with ADs could result in significant safety risks, leading to potential enforcement actions by CASA. Given that ADs are legislative instruments, violations could attract civil or criminal penalties depending on the severity of the breach. For example, failure to comply with an AD could result in fines or even imprisonment if the breach is deemed to be of a serious nature. The Civil Aviation Safety Regulations 1998 also outline specific instances of AD issuance and cancellation. For example, CASA issued an AD affecting the Eurocopter SA 360 and SA 365 series helicopters. However, this was superseded by an AD from the European Aviation Safety Agency (EASA) on 13 November 2009, which led to the cancellation of CASA's AD. This cancellation was effective from 27 November 2009, and it was noted that no public consultation was undertaken in relation to this cancellation, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not require a Regulatory Impact Statement.