AD/SUPP/22 Amdt 2 - Lifesaving Systems D-Lok Hook

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as a foundational piece of legislation aimed at ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to create regulations necessary for the safety of air navigation, and it provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. The ADs, which are legislative instruments, are issued to ensure the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA issued AD/SUPP/22 to address an unsafe condition on helicopters equipped with a rescue hoist and a D-Lok hook, where substandard parts were inadvertently installed due to an unauthorised change by the hook manufacturer. This urgent action was taken without prior consultation with the industry and public, given the immediate need to rectify the safety issue. The policy objective is to maintain and enhance aviation safety standards by promptly addressing identified hazards through the issuance of appropriate directives.

Scope and Application

The Civil Aviation (Airworthiness) Regulations 1998, under section 98 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 to ensure the safety of air navigation. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, mandate specific actions or requirements for maintaining the airworthiness of aircraft, and are aligned with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the aircraft manufacturer, is responsible for providing necessary information to maintain airworthiness, while the State of Registry, such as CASA in Australia, ensures that these directives are implemented effectively on aircraft registered within their jurisdiction. CASA issued AD/SUPP/22 to address an unsafe condition found in helicopters fitted with a rescue hoist and a D-Lok hook, following an unauthorised change by the hook manufacturer that led to substandard parts. This AD applies to all helicopters registered in Australia, regardless of origin, and aims to rectify the issue promptly. While the AD was enacted without public consultation due to the urgency of the situation, its impact is minimal as only a small number of aircraft are likely to be immediately affected. The AD reflects subsequent amendments made by the European Aviation Safety Agency and will become effective on 24 September 2009, cancelling and replacing the previous directive.

Key Provisions

The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are essential tools to ensure the continuing airworthiness of aircraft, aligning with international standards set forth by Annex 8 to the Convention on International Civil Aviation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make these regulations to safeguard air navigation. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument, thus categorising it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. Under these regulations, both the State of Design and the State of Registry bear significant responsibilities. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Meanwhile, the State of Registry, which in Australia is CASA, must develop or adopt requirements to maintain airworthiness. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements on all relevant aircraft within Australia’s jurisdiction. CASA issued AD/SUPP/22 to address an unsafe situation concerning helicopters equipped with a rescue hoist and a D-Lok hook. An unauthorised modification by the hook manufacturer led to the installation of substandard parts on some hoists. While the European Aviation Safety Agency had already issued a related AD for helicopters of European origin, CASA opted to issue an AD applicable to all Australian helicopters, not limited to those of European origin. Subsequently, EASA updated their AD to mandate the return of defective hooks to the hoist manufacturer, prompting CASA to amend AD/SUPP/22 accordingly. The latest amendment, AD/SUPP/22 Amendment 2, will take effect on 24 September 2009, superseding the previous version. CASA did not engage in consultation with the Australian industry and public due to the urgent need to address the safety issue. The regulatory burden imposed by this directive is minimal, and only a small number of aircraft are likely to be immediately affected. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The directive was issued by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in compliance with subsection 84A(2) of the Act.