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 French DGAC has issued ADs listed in Schedule 1 affecting EUROCOPTER SA 315 helicopters. France is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/SA 315/9 Amendment 1 which will become effective on 30 August 2007. This AD requires compliance with all applicable DGAC ADs listed in Schedule 1 and cancels and replaces the previous issue.
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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
|
DGAC AD Number | Effective Date | Title |
71-42-1 | 31 May 1971 | Main Rotor Hub |
72-9-2 | 18 January 1972 | Free Wheel Lubrication |
72-152-4 | 28 November 1972 | Main Gearboxes |
74-141-7 | 15 October 1974 | Main Rotor Head |
77-203-15(b) | 30 November 1977 | TELEC Noise Filters |
78-226-16(b) | 13 December 1978 | Main Gearbox 2nd Stage Planet Gears |
79-016-017(b) R1 | 7 December 1988 | Intermediate Bearing Assembly |
83-084-025(b) R1 | 17 July 1993 | Main Gearbox “A” Frames |
84-084-027(b) R1 | 21 December 1991 | Tail Rotor Pitch Control Rod |
84-099-028(b) R1 | 21 December 1991 | Main Gearboxes |
89-162-032(b) R1 | 28 October 1989 | Main Rotor Blades Service Life Limit |
96-071-035(b) | 6 April 1996 | Electric Fuel Cock |
1999-129-043(a) R1 | 23 June 2001 | Tail Rotor Service Life Limit |
F-2004-198 | 2 July 2005 | Tail Rotor Main Gearbox |
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legal framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations that serve 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 certain types of aircraft and aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are consistent with the requirements of Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 and its associated regulations aim to ensure that aircraft on the Australian Register meet international safety standards by mandating compliance with airworthiness directives issued by the relevant State of Design, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in Australia. The ADs serve as legislative instruments and are issued in response to ADs by the State of Design or as mandated by Australia's obligations under international conventions such as the Convention on International Civil Aviation. In this instance, CASA has issued an AD affecting EUROCOPTER SA 315 helicopters, following assessments of ADs issued by the French Directorate General for Civil Aviation (DGAC). The AD, which cancels and replaces previous directives, mandates compliance with all applicable DGAC ADs affecting these helicopters and will become effective on 30 August 2007. This AD applies to all aircraft registered in Australia and does not require public consultation or a Regulatory Impact Statement. Instead, it is made by CASA in accordance with the Act, ensuring that Australian regulatory requirements align with international standards for aircraft safety.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) can be issued. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess information provided by the State of Design and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, in this case, France, has the responsibility to provide information necessary for the airworthiness of the aircraft type, and the State of Registry must ensure compliance with these directives. CASA's role is critical in translating international directives into enforceable Australian ADs, ensuring that the safety standards set by the State of Design are implemented and adhered to by Australian operators.
Non-compliance with ADs can result in severe civil and criminal consequences. While the specific penalties for breach are not detailed in the excerpt, under the Civil Aviation Act 1988, violations of ADs can lead to fines and imprisonment. The severity of these penalties underscores the importance of adhering to ADs as a means of maintaining the highest safety standards in aviation. CASA has the authority to enforce compliance through various means, including audits, inspections, and legal action against non-compliant operators.
The issuing of Australian AD/SA 315/9 Amendment 1 is a direct response to the ADs issued by the French Direction Générale de l'Aviation Civile (DGAC) and is necessitated by Australia's obligations under the Convention on International Civil Aviation. This directive, which becomes effective on 30 August 2007, mandates compliance with all applicable DGAC ADs listed in Schedule 1 and replaces the previous issue. The absence of public consultation and the determination by the Office of Regulatory Review that no Regulatory Impact Statement is required highlight the urgency and necessity of these directives in maintaining airworthiness standards.