AD/EC 225/9 Amdt 1 - Fuselage - Intermediate Gearbox Fairing Gutter - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations in the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, establishing these directives as legislative instruments under the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry must enforce these standards domestically. In practice, CASA must evaluate directives issued by the State of Design and, where necessary, issue corresponding ADs to enforce safety requirements on aircraft registered in Australia.

Scope and Application

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, thereby making such directives legislative instruments under the Legislative Instruments Act 2003. These ADs apply to all aircraft registered in Australia, mandating compliance with safety standards set forth by the State of Design or, when appropriate, by CASA itself. The authority to issue ADs extends to ensuring the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of an aircraft type. Consequently, CASA must review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to maintain safety standards. This regulatory approach ensures that aircraft operating within Australia meet international safety requirements, fostering a consistent and reliable aviation safety framework.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. Under this provision, 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 legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable in accordance with section 46A of the Acts Interpretation Act 1901. The obligations under this legislation mandate that CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue Australian ADs to ensure compliance with the requirements of the State of Design. The State of Design, in this context, holds the overall responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft. This means that CASA must evaluate information from the State of Design and, if necessary, mandate Australian ADs to enforce the requirements set forth by the State of Design. In relation to the Eurocopter EC 225 series helicopters, CASA issued AD/EC 225/9 Amdt 1. However, this AD has been superseded by the European Aviation Safety Agency’s (EASA) AD 2009-0275-E, issued on 21 December 2009, on behalf of France, the state of design for these helicopters. The cancellation of the earlier AD will become effective on 11 January 2010. It is important to note that no consultation with the Australian public has occurred regarding this cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. Breaching the requirements of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in civil or criminal penalties. The exact penalties depend on the severity of the breach and can include substantial fines or imprisonment. The Civil Aviation Safety Regulations 1998 and other relevant regulations also stipulate the consequences for failing to adhere to airworthiness directives, which are designed to ensure the safety and airworthiness of aircraft in operation.