AD/GBK 117/8 Amdt 3 - Tail Boom Vertical Fin Spar

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legislation governing civil aviation in Australia. Its primary purpose is to ensure the safety and efficiency of civil aviation by establishing a regulatory framework that addresses air navigation, aircraft certification, and operational standards. One significant aspect of this legislation is the ability of the Governor-General to make regulations under section 98, which facilitates the implementation of safety measures and standards as required. Complementing the Civil Aviation Act 1988 are the Civil Aviation Safety Regulations 1998, which provide detailed provisions for ensuring the safety of air navigation and aircraft. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to align Australia’s civil aviation practices with global safety standards, thereby safeguarding both domestic and international air travel.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these directives is governed by international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the responsibility for the continuing airworthiness of aircraft types and must furnish necessary information to the States of Registry. Consequently, the State of Registry, in this case CASA as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This involves assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce the required safety measures. The issuance of such directives does not necessitate public consultation or a Regulatory Impact Statement, as they are made in response to international obligations and assessments by CASA.

Key Provisions

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for maintaining the safety of air navigation. Section 98 of the Civil Aviation Act 1988 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 legislative instruments under section 6 of the Legislative Instruments Act 2003 and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The Act and the Regulations mandate that the State of Design, which is the country responsible for the design of an aircraft, must provide essential information to maintain the aircraft's airworthiness. This information is typically communicated through ADs, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, the country where the aircraft is registered, is responsible for ensuring the aircraft's continuing airworthiness, which includes adopting or developing the necessary requirements. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. In this particular instance, the German Federal Aviation Authority (LBA) issued AD D-1997-144R4 concerning Eurocopter BK117 model helicopters. Germany, as the State of Design, issued this directive. CASA evaluated the AD and subsequently issued Australian AD/GBK 117/8, Amendment 3, which will take effect on 16 March 2006. This new AD cancels and replaces the previous version. Since this AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was conducted. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The legislation imposes a clear obligation on CASA to ensure that aircraft registered in Australia comply with the necessary safety standards. Failure to adhere to these ADs could result in severe consequences, including potential grounding of the affected aircraft, which could lead to civil or criminal penalties. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance through various measures, including fines and other legal actions. The specific penalties for non-compliance are detailed in the regulations and may include significant fines or imprisonment, depending on the severity of the breach.