Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Approval - Alternative Means of Compliance (AMOC) - FAA AD 2011-12-10
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004 (3) (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an Airworthiness Directive (AD) for a particular kind of aircraft or aeronautical product.
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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.
The Federal Aviation Administration of the United States of America (FAA) as the State of Design for Robinson R22 series helicopters, issued AD 2011-12-10 with an effective date of 5 July 2011. The AD deals with a particular type of aircraft. This AD mandates a daily visual inspection and a separate “tap test” at 100 hourly intervals.
CASA approved Supplemental Type Certificate (STC) SVR 516 “Conformal Vortex Erosion Protection System”, issued 20 June 2012, approves the addition of anti-erosion tape to the leading edge of the main rotor blades and alters the necessary inspections to be performed from those specified in FAA AD 2011-12-10.
To ensure Australian operators using STC SVR 516 can comply with FAA AD 2011-12-10, CASA has issued this approval of an AMOC that allows compliance to FAA AD 2011-12-10 by use of an alternative inspection method to that defined in the FAA AD.
Legislative Instruments Act
Subregulation 39.004 (3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004 (3) (a) is issued under subsection 98 (5A) of the Act.
Subsection 95 (5B) provides that an instrument issued under subsection 98 (5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98 (5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
Consultation
CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the mentioned aircraft with the FAA AD 2011-12-10.
The instrument commences on 4 July 2012.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA 12/1654]
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the need for comprehensive regulations to ensure the safety of air navigation. It empowers the Governor-General to create regulations that protect the safety of air navigation, which are implemented by the Civil Aviation Safety Authority (CASA) through the Civil Aviation Safety Regulations 1998. This legislative framework facilitates compliance with international standards and allows CASA to issue alternative means of compliance (AMOC) to Airworthiness Directives (AD) issued by the State of Design, ensuring that Australian-registered aircraft meet necessary safety standards. The policy objective is to maintain the highest standards of aviation safety by ensuring that Australian aircraft remain airworthy through adherence to internationally recognised directives and by providing practical alternatives when required.
Scope and Application
The Civil Aviation Act 1988, as amended, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, and the Civil Aviation Safety Regulations 1998 (CASR 1998) outline the specific safety requirements. The Act applies to all individuals, entities, and industries involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers. Its jurisdictional reach extends nationally, encompassing all Australian states and territories. The Act allows for the issuance of legislative instruments, such as the Approval of Alternative Means of Compliance (AMOC), to ensure compliance with international airworthiness directives. In this particular case, the AMOC facilitates compliance by Australian operators of Robinson R22 series helicopters with the Federal Aviation Administration's Airworthiness Directive 2011-12-10 through an alternative inspection method. The instrument is subject to parliamentary scrutiny and is compatible with human rights and freedoms as declared in relevant international instruments.
Key Provisions
The Civil Aviation Act 1988 (the Act) provides the legislative framework for civil aviation in Australia. Under section 98(1) of the Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation. This includes the establishment of standards and requirements that must be met to ensure the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 (CASR 1998) are a key set of regulations made under this authority, particularly in Part 39 which deals with compliance with Airworthiness Directives (ADs).
Section 39.004(3)(a) of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to approve alternative means of compliance with ADs for specific aircraft or aeronautical products. This allows CASA to ensure that Australian registered operators can meet international safety standards while also accommodating unique operational contexts or technologies. Specifically, in the case of FAA AD 2011-12-10, which applies to Robinson R22 series helicopters, CASA has issued an approved means of compliance (AMOC) that provides an alternative inspection method to that specified in the FAA AD. This alternative method is aligned with a Supplemental Type Certificate (STC) SVR 516, which involves the use of anti-erosion tape on the leading edge of the main rotor blades.
Entities governed by the Act, such as aircraft operators and maintenance organisations, must adhere to the ADs and any AMOCs issued by CASA. This includes complying with the requirements for inspections, maintenance, and modifications as specified in the ADs or AMOCs. For instance, operators using STC SVR 516 must follow the modified inspection procedures outlined in the AMOC to ensure their aircraft meet the necessary safety standards. Failure to comply with these requirements can result in significant safety risks and potential legal consequences.
Breaches of the regulations set out in the CASR 1998 can lead to various penalties. Under section 327 of the Act, CASA has the authority to issue infringement notices for minor or technical breaches, with maximum penalties for individuals being AUD 3,300 and for corporations being AUD 16,500. More serious breaches can result in criminal charges, with potential penalties including fines of up to AUD 1,100,000 for individuals and AUD 5,500,000 for corporations, as well as imprisonment for up to five years. Additionally, CASA can suspend or revoke airworthiness certificates for non-compliance, effectively grounding non-compliant aircraft and potentially leading to further legal and financial repercussions for the operators.