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, which will become effective on 23 November 2006. This AD requires compliance with all applicable DGAC ADs listed in Schedule 1.
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 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 |
84-099-028(b) R1 | 21 December 1991 | Tail Rotor Pitch Control Rod |
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 |
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the need for comprehensive regulation of civil aviation safety. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs) as per section 98. The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft and aeronautical products, with these directives being legislative instruments under the Acts Interpretation Act 1901. The policy objective behind these provisions is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards and practices, thereby enhancing the overall safety of air navigation.
In response to airworthiness directives issued by the French Directorate General for Civil Aviation (DGAC) concerning EUROCOPTER SA 315 helicopters, CASA has assessed the relevant ADs and issued Australian AD/SA 315/9. This directive, which becomes effective on 23 November 2006, mandates compliance with the applicable DGAC ADs listed in the schedule. Given that this directive is issued due to Australia's obligations under the Convention on International Civil Aviation, and as a response to directives from the State of Design, no public consultation was necessary. Additionally, the Office of Regulatory Review determined that this AD does not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments and serve to mandate compliance with continuing airworthiness requirements as per Annex 8 of the Convention on International Civil Aviation. The ADs ensure that aircraft maintain the required safety standards by implementing directives issued by the State of Design, which is responsible for the aircraft's type design. In the case of the EUROCOPTER SA 315 helicopters, CASA has assessed the directives issued by the French Directorate General for Civil Aviation (DGAC) and issued Australian AD/SA 315/9, effective from 23 November 2006, requiring compliance with the DGAC ADs listed in the schedule. The issuance of these directives is based on international obligations and specific aircraft types registered in Australia, thus no public consultation is required. The ADs are issued by CASA under the authority of the Act, ensuring the safety of air navigation within Australian jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, enable the issuance of airworthiness directives (ADs) for certain types of aircraft or aeronautical products (s 98, 39.001). These ADs are legislative instruments that must be assessed and potentially issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with international standards and obligations under the Convention on International Civil Aviation (Annex 8). In this instance, CASA has issued AD/SA 315/9 in response to ADs issued by the French Directorate General for Civil Aviation (DGAC) for EUROCOPTER SA 315 helicopters, reflecting Australia’s adherence to international airworthiness requirements.
Under the Act and Regulations, CASA is mandated to evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This process ensures that Australian aircraft meet international safety standards and maintain their airworthiness. CASA's assessment and subsequent issuance of AD/SA 315/9 is a direct response to the DGAC ADs listed in Schedule 1, highlighting the interconnected responsibilities between the State of Design and the State of Registry.
The Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other entities governed by the Act. CASA must rigorously evaluate all ADs from the State of Design, ensuring that any identified safety issues are addressed through appropriate regulatory measures. The State of Registry, in this case, Australia, must adopt and enforce the ADs to maintain the airworthiness of the aircraft. This involves ensuring that all stakeholders, including operators and maintenance personnel, are aware of and comply with the ADs.
Any breach of the ADs or failure to comply with the mandated requirements can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, including fines and potential criminal charges. The severity of the penalties reflects the critical nature of airworthiness directives in ensuring the safety of air navigation. The maximum penalties for non-compliance may vary depending on the specific breach and can include substantial fines for corporations and potential imprisonment for individuals found guilty of serious violations.