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 EASA and Direction Générale de l’Aviation Civile of France (DGAC) has issued the ADs listed in Schedules 1 and 2 affecting Eurocopter EC 225 series helicopters. France is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/EC 225/2 which will become effective on 22 August 2008. This AD requires compliance with all applicable EASA and DGAC ADs listed in Schedules 1 and 2.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
EASA AD Number | Effective Date | Title |
2006-0146 | 12 June 2006 | Engine Indicating- Torquemeter Printed Circuit Boards |
2006-0244 | 1 September 2006 | Rotor Flight Controls - Collective Lever Control |
2006-0299 | 15 October 2006 | Crash Position Indicator Interface Unit |
2006-0300 | 15 October 2006 | Crash Position Indicator ELT Water-activated Switch |
2006-0340R1 | 23 November 2006 | Equipment and Furnishings - Seal of the Jettisonable Window Panel |
2007-0115 | 11 May 2007 | Ice and Rain Protection - Main Rotor Blade De-Icing System Harness Connectors |
2007-0134 | 28 May 2007 | Main Rotor Drive - Engine-to-Main Gearbox Coupling Shaft Flange Threaded Attachment Bolt Assembly |
2007-0197-E | 26 July 2007 | Main Rotor System - M/R Hub Coning Stop Support & Dome Fairing Support Attachments |
2008-0075 | 6 May 2008 | Seat Harness Belt Buckle Blanking Plugs |
2008-0076 | 6 May 2008 | Crash Position Indicator ELT Water-activated Switch |
2008-0096-E | 28 May 2008 | Crash Position Indicator Components |
Schedule 2
DGAC AD | Effective Date | Title |
F-2007-022 | 13 November 2007 | Rotor Flight Controls - Main Servo-Controls |
F-2007-027 | 7 December 2007 | Fuselage - TGB Attachment Fittings |
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was established to provide a framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, which stem from this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for ensuring the continuing airworthiness of aircraft in compliance with international standards. The problem or gap addressed by this legislation includes the need for a standardised, legally binding mechanism to ensure that aircraft maintain their airworthiness and safety, aligning with international obligations under the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation through rigorous regulatory oversight and compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in the Civil Aviation Act 1988. These directives serve to ensure the safety of air navigation and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. The ADs, which are legislative instruments under the Legislative Instruments Act 2003, mandate compliance with the airworthiness requirements established by the State of Design, in this case, France for the Eurocopter EC 225 series helicopters. CASA, as the national airworthiness authority, is responsible for issuing Australian ADs in response to those issued by the State of Design, thereby enforcing the necessary safety measures. These directives are not subject to public consultation or a Regulatory Impact Statement, as they are directly linked to international obligations and are issued by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General may make regulations in the interests of safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003.
The ADs require compliance with the continuing airworthiness standards set by the State of Design and adopted by the State of Registry. The State of Design, such as France for the Eurocopter EC 225 series helicopters, has the responsibility to provide information necessary to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this case, CASA, must then assess this information and, if necessary, issue an Australian AD to mandate the requirements. Australian AD/EC 225/2, issued on 22 August 2008, is a response to the ADs listed in Schedules 1 and 2, issued by the European Aviation Safety Agency (EASA) and the Direction Générale de l’Aviation Civile (DGAC) of France. This Australian AD requires compliance with all applicable EASA and DGAC ADs for the Eurocopter EC 225 series helicopters.
The obligations imposed by these ADs include ensuring that all specified components and systems of the aircraft are maintained, repaired, or replaced according to the prescribed timeframes and procedures. The ADs detail specific actions that must be taken, such as inspections, replacements, and modifications, and the documentation that must be kept to demonstrate compliance. Operators and owners of the affected aircraft must adhere to these requirements to maintain the airworthiness of their aircraft. Failure to comply with these ADs can result in significant safety risks, including potential accidents or incidents.
Breaching the requirements of an AD can lead to both civil and criminal consequences. Under the Civil Aviation Act 1988, CASA can take enforcement actions against non-compliance, including fines and the grounding of aircraft. The maximum penalty for contravening an AD can be substantial, with fines reaching up to $504,000 for corporations and $100,800 for individuals. Additionally, persistent or serious non-compliance can result in criminal charges, leading to imprisonment. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and protect the public.