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.
CASA has raised AD/SUPP/22 Amendment 1 which becomes effective on
15 July 2009 to correct an unsafe situation on all helicopters fitted with a rescue hoist and a D-Lok hook. An unauthorised change made by the hook manufacturer has resulted in substandard parts being fitted to some hoists. The European Aviation Safety Agency has raised an AD covering helicopters of European origin, but the US FAA has yet to act. Hence, CASA has raised an AD to correct the problem on all Australian helicopters, not just those of European origin. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because of the consequences of failure and the resultant urgency of need for action. Only a small number of aircraft are likely to be immediately effected by this directive.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Executive Manager, Standards Development and Future Technology on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. Among its provisions, section 98 empowers the Governor-General to create regulations, including those concerning airworthiness, to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further operationalise these provisions, authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety measures for specific aircraft types or aeronautical products. This regulatory mechanism is integral to maintaining the continuing airworthiness of aircraft, ensuring that they meet safety standards throughout their operational life. The policy objective underlying these measures is to protect public safety by mitigating the risks associated with aviation incidents, thereby fostering a safe and reliable aviation environment.
In response to an identified safety issue concerning helicopters equipped with rescue hoists and D-Lok hooks, CASA issued AD/SUPP/22 Amendment 1, effective from 15 July 2009. This directive was prompted by an unauthorised alteration by the hook manufacturer that led to the installation of substandard parts in some hoists, posing a potential safety hazard. CASA took this action independently of industry consultation due to the urgency and critical nature of the safety concern. This amendment cancels and replaces a previous directive, underscoring CASA’s commitment to swiftly address and rectify safety deficiencies in the Australian aviation fleet. The AD was promulgated by the Executive Manager, Standards Development and Future Technology on behalf of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for the issue of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. Pursuant to regulation 39.001, CASA may issue these directives for specified types of aircraft or aeronautical products to address unsafe conditions identified either domestically or internationally. Such directives become legislative instruments under the Legislative Instruments Act 2003, subject to disallowance procedures as outlined in the Acts Interpretation Act 1901. The ADs are intended to mandate requirements that align with international standards under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design, and on the State of Registry for individual aircraft. In the case of AD/SUPP/22 Amendment 1, effective from 15 July 2009, CASA issued an Australian AD to address a specific safety concern involving substandard parts in rescue hoists on helicopters, a problem initially identified by the European Aviation Safety Agency but not yet addressed by the US Federal Aviation Administration. This directive applies to all helicopters fitted with a rescue hoist and a D-Lok hook within the Australian Register, regardless of their origin, aiming to correct the identified unsafe condition without prior consultation due to the urgency of the issue. The Office of Best Practice Regulation has determined that such airworthiness directives do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, provides the authority for the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables 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 the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. This is particularly important in the context of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design—typically the manufacturer—is responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then adopt or develop the requirements to ensure the airworthiness of individual aircraft. Consequently, when an AD is issued by a State of Design, CASA must evaluate this information and, if necessary, issue its own AD to enforce the requirements on Australian-registered aircraft.
CASA has issued AD/SUPP/22 Amendment 1, effective from 15 July 2009, to address an unsafe condition affecting all helicopters equipped with a rescue hoist and a D-Lok hook. This directive was necessitated by an unauthorised modification by the hook manufacturer, which resulted in substandard parts being fitted to some hoists. While the European Aviation Safety Agency has issued a corresponding AD for European helicopters, the US Federal Aviation Administration (FAA) has not yet acted. Therefore, CASA has issued this directive to ensure the safety of all helicopters registered in Australia, regardless of their origin.
The urgency of this situation precluded the need for consultation with the Australian industry and the public, given the severe consequences of inaction. This AD is expected to affect only a small number of aircraft immediately. Moreover, the Office of Best Practice Regulation has determined that this AD does not require a Regulatory Impact Statement. The directive was made by the Executive Manager, Standards Development and Future Technology on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with these ADs can lead to significant consequences, including potential grounding of affected aircraft until the required modifications are made. While specific penalties for non-compliance are not detailed in the text provided, they can include both civil and criminal penalties under relevant aviation legislation. These can range from fines to imprisonment, depending on the severity of the breach and the impact on aviation safety.