AD/S-76/13 - Tail Rotor Outboard Retaining Plate Bolts - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 is an Australian Act of Parliament that was enacted to provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly to enhance the safety of air navigation. Under the Act, the Civil Aviation Safety Regulations 1998 were also established to provide further detail on the regulatory framework governing civil aviation in Australia. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, with such directives being legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The objective of these ADs is to ensure the continuing airworthiness of aircraft types and individual aircraft, in line with Australia's obligations under the Convention on International Civil Aviation and its Annexes.

Scope and Application

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft and aeronautical products, encompassing all types of aircraft registered in Australia and their components. CASA's authority to issue ADs stems from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which mandates that these directives must be issued to maintain airworthiness. Such ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The scope of these directives is further defined by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to align with international standards and obligations. For instance, CASA issued and subsequently cancelled AD/S-76/13 for Sikorsky S-76 series helicopters, reflecting Australia's adherence to international civil aviation conventions. This cancellation was made without public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988, in section 98, provides the authority for the Governor-General to enact regulations that ensure the safety of air navigation. 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 intended to ensure the safety and airworthiness of aircraft, and under subregulation 39.001(5), they are considered disallowable instruments under the Acts Interpretation Act 1901. As a result, ADs are legislative instruments under the Legislative Instruments Act 2003. This means that ADs carry the force of law and must be adhered to by the relevant parties. The obligations imposed by these regulations primarily fall on CASA, which is tasked with the responsibility of issuing ADs when necessary. CASA must assess information from the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, and issue corresponding ADs if required. The State of Registry, where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft within its jurisdiction. This involves developing or adopting requirements that align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the specific case of Sikorsky S-76 series Helicopters, CASA issued AD/S-76/13, which has now been cancelled. This cancellation, effective from 2 July 2009, was made due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required because the unsafe condition no longer exists. This decision was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. For breaches of the regulations or ADs, various penalties and consequences may apply. While the specific penalties are not detailed in the provided text, it is understood that non-compliance with ADs could result in both civil and criminal penalties. Civil penalties could include fines and other monetary sanctions, while criminal penalties might involve imprisonment, reflecting the seriousness of ensuring air navigation safety. The exact penalties would depend on the nature and severity of the breach.