Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA AD/R22/55 - Helipod III Spray System STC 7/21E/9 - Removal from Service
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.
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 International Civil Aviation Organization 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. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
The Civil Aviation Authority of New Zealand (CAA) issued AD DCA/R22/50 in 2018, affecting Helipod III spray systems approved by New Zealand CAA Supplemental Type Certificate (STC) 7/21E/9 for fitment to Robinson Helicopter Company R22 series helicopters. The AD requires the removal from service of the spray systems. The New Zealand CAA are the approving Authority for this STC. As there is a possibility that helicopters fitted with the affected spray systems are registered in Australia, CASA has issued AD/R22/55 to mandate equivalent requirements to those that appear in New Zealand CAA AD DCA/R22/50, but AD/R22/55 does not incorporate by reference New Zealand CAA AD DCA/R22/50.
Documents Incorporated by Reference
New Zealand CAA STC 7/21E/9, as referenced in CASA AD/R22/55, is available from the CASA AD Cell via an email to airworthiness.directives@casa.gov.au.
Consultation
As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 28 November 2018.
[Instrument number AD/R22/55]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA AD/R22/55 - Helipod III Spray System STC 7/21E/9 - Removal from Service
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is an airworthiness directive (AD). AD/R22/55 has been issued to mandate the requirements that also appear in New Zealand CAA AD DCA/R22/50, applicable to Helipod III spray systems for Robinson Helicopter Company R22 series helicopters in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Safety Regulations 1998, enacted by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, address the need to ensure the continuing airworthiness of aircraft registered in Australia by aligning with international standards and practices. The Civil Aviation Safety Regulations 1998 were introduced to establish a regulatory framework that ensures the safety of civil aviation operations in Australia, including the adoption and enforcement of airworthiness directives (ADs). These regulations allow CASA to issue ADs for aircraft types or aeronautical products to ensure compliance with international safety standards, particularly those set out in the Convention on International Civil Aviation. The policy objective of these regulations is to maintain high safety standards in the aviation industry by ensuring that all aircraft and aeronautical products registered in Australia meet stringent airworthiness requirements.
In response to a safety issue identified by the Civil Aviation Authority of New Zealand concerning Helipod III spray systems approved by STC 7/21E/9 for Robinson Helicopter Company R22 series helicopters, CASA issued AD/R22/55 to mandate the removal of these spray systems from service. This action was taken to align with the obligations under Annex 8 of the Convention on International Civil Aviation, ensuring that the continuing airworthiness of affected aircraft is maintained. CASA’s issuance of AD/R22/55 is based on its authority under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which permits the issuance of ADs to address safety concerns for aircraft types registered in Australia. This directive ensures that Australian-registered helicopters fitted with the affected spray systems comply with the safety requirements set out in the New Zealand CAA AD DCA/R22/50, thereby addressing the identified safety issue.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by AD/R22/55, apply to all Robinson Helicopter Company R22 series helicopters registered in Australia that are fitted with Helipod III spray systems approved by the New Zealand Civil Aviation Authority Supplemental Type Certificate (STC) 7/21E/9. This airworthiness directive (AD) is made under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with the aim of ensuring the continuing airworthiness of the affected aircraft. The AD mandates the removal from service of the Helipod III spray systems, aligning with the requirements set out in the New Zealand Civil Aviation Authority's AD DCA/R22/50. The AD applies nationally across Australia and is a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product. The instrument does not incorporate by reference the New Zealand AD but mandates equivalent requirements. The AD was made under the delegation of authority from CASA and commenced on 28 November 2018.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) provide the framework for the issuance of airworthiness directives (AD) by the Civil Aviation Safety Authority (CASA). Section 39.001 of the CASR allows CASA to issue an AD for a particular type of aircraft or aeronautical product. This particular AD, CASA AD/R22/55, focuses on the removal from service of Helipod III spray systems for Robinson Helicopter Company R22 series helicopters, as mandated by the New Zealand Civil Aviation Authority's AD DCA/R22/50. The directive is issued under the authority granted by section 98 of the Civil Aviation Act 1988, ensuring compliance with international safety standards as stipulated in the Convention on International Civil Aviation.
The AD imposes obligations on aircraft operators and owners to comply with the directive by removing the specified spray systems from service. This requirement ensures that the helicopters remain airworthy and meet the safety standards set forth by both Australian and international aviation authorities. Operators must conduct a thorough inspection of their aircraft to identify any Helipod III spray systems approved by New Zealand CAA Supplemental Type Certificate (STC) 7/21E/9 and ensure their immediate removal from service. CASA may also grant an exclusion from the AD or approve alternative means of compliance, but the directive itself mandates the removal of the spray systems.
Failure to comply with CASA AD/R22/55 can result in serious legal consequences. According to section 39.002 of the CASR, non-compliance with an AD is an offence, and a person who contravenes an AD is liable to a penalty. The maximum penalty for an individual is $21,600, while for a body corporate, the penalty can be significantly higher, up to $216,000. Additionally, CASA has the authority to take enforcement actions, which may include grounding the non-compliant aircraft until the required compliance is achieved.
The AD also carries potential civil consequences, as operators who fail to comply may face legal action from CASA. This can include fines, forced grounding of aircraft, and even revocation of airworthiness certificates. The directive underscores the importance of adhering to safety regulations to prevent accidents and ensure the safety of all passengers and crew on board. CASA's commitment to enforcing these regulations highlights the critical nature of maintaining high safety standards within the aviation industry.