Airworthiness Directives 2004 - Revocation and Remaking - Eurocopter AS 355 (Twin Ecureuil) Series Helicopters

The instrument rests on three core legal and administrative concepts drawn from the instrument text. First, delegation and statutory authority. The delegate of CASA performs the action under an express regulatory head of power, subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (opening paragraph). That citation is the only statutory anchor contained in the instrument itself and is the source of the delegate’s authority to revoke and re-make ADs.

Second, revocation and remaking as separate instruments. The instrument explicitly revokes the ADs listed in Schedule 1 and simultaneously provides for the making, as separate instruments, of each AD mentioned and attached (opening clause paras (a) and (b)). This is an administrative-restatement mechanism rather than a substantive amendment: the note states that the attached ADs are “being re-made in exactly the same form as appears in the latest published edition of the Directive”. The concept is therefore one of procedural re-issuance - taking previously consolidated or otherwise issued AD content and re-issuing each AD on its own as a distinct instrument.

Third, cataloguing and certainty of application. Schedule 1 lists the titles and identifiers of the ADs to be revoked and re-made. The entries include AD names that point to particular components or systems (for example Main Gearbox Filter, Tail Rotor Drive Shaft Bearings, Main Rotor Mast, Engine Fire Detection), AD numbers in the AD/AS 355 series with amendment identifiers (for example AD/AS 355/1 Amdt 8), and status indicators such as “CANCELLED” or “This AD yet to be issued”. The Schedule therefore serves both as an index and as a status snapshot of the Eurocopter AS 355 AD portfolio as at the date of this instrument.

Operational consequences flow from these concepts. Because each AD is to be re-made “in exactly the same form” as the latest published edition, the substantive requirements that apply to operators and maintainers will be those set out in those published directives rather than any older consolidated text. The reissuance as separate instruments changes the legal form by which those requirements are documented and served, which has implications for legal citation, administrative tracking, amendment practice, and record-keeping. The instrument does not itself alter the content of any AD, but it re-frames the instrument architecture under which AD compliance is documented and enforced (opening clause; final note).

Finally, the Schedule’s inclusion of entries marked “CANCELLED” or “yet to be issued” indicates the remade instruments may reflect varied statuses: some ADs are active with amendment histories, some have been cancelled in the published edition and are being reflected as cancelled separate instruments, and one entry is recorded as not yet issued. Those statuses should be confirmed in the attached, separately remade AD instruments that accompany this revocation/remaking instrument.

The instrument directly concerns the set of Airworthiness Directives for Eurocopter AS 355 (Twin Ecureuil) series helicopters listed in Schedule 1. Therefore the primary affected parties, as a matter of the instrument’s text and structure, are the legal persons and organisations who are subject to or obliged to act under those specific ADs when they are in force as separate instruments.

Specifically, the following categories of stakeholders are affected by this revocation and re-making:

• Registered owners and operators of Eurocopter AS 355 series helicopters to which any of the listed ADs apply. The Schedule lists ADs addressing component items and systems (for example Main Gearbox components, Tail Rotor components, Engine Fire Detection, Hoists, Sliding Door fittings). Those operators must look to the separately re-made ADs to identify compliance obligations and any actioning dates. The instrument itself does not enumerate those obligations, but it provides the mechanism for their separate re-issuance (opening clause and Schedule 1).

• Maintenance organisations and approved maintenance engineers who perform inspections, modifications, replacements, or other AD-mandated work on AS 355 series helicopters. Because the listed ADs cover parts and systems that customarily fall within maintenance responsibilities, the reissuing of ADs as separate instruments may affect their technical order references, work packs, and compliance documentation.

• The Civil Aviation Safety Authority (CASA) through its delegate, who made the instrument. The delegate’s action and signature are recorded in the instrument, and CASA is the body with continuing responsibility for issuing, maintaining and enforcing ADs under the cited regulation. This instrument is an administrative action by a CASA delegate (opening paragraph and signature block).

• Persons responsible for regulatory compliance, records and fleet management within operators, including safety managers and compliance officers. They need to track the change in instrument form and ensure the separately re-made AD documents are located, read, and integrated into maintenance and operational procedures.

• Auditors, insurers and other third parties who rely on the currency of AD compliance for risk assessment. Because the instrument changes how ADs are issued (separate instruments rather than a consolidated listing), reliance parties may need to verify that the separate instruments exist and confirm the status of entries marked “CANCELLED” or “yet to be issued”.

The instrument’s text does not name any specific operators, registrants, or organisations by name; it confines its scope to ADs for the Eurocopter AS 355 series as listed in Schedule 1. It does not itself create new obligations beyond enabling the remaking of those ADs as separate instruments, but it changes how affected parties will find and cite the ADs (opening clause; Schedule 1; final note). Parties who are unsure which ADs apply to a particular airframe should consult the attached separately made AD instruments that accompany this revocation/remaking exercise.

The instrument is procedural rather than substantive about compliance requirements; it does not set new technical duties itself, but it establishes the legal mechanism by which the substantive duties contained in the listed Airworthiness Directives are re-issued. The opening clause provides two operative actions: revocation of ADs listed in Schedule 1, and the making, as separate instruments, of each AD mentioned in Schedule 1 and attached. Thus the immediate legal duty for affected persons is to treat the separately made AD instruments (the attachments) as the operative legal instruments setting out any required inspections, modifications, retirement lives, replacements, or operational restrictions.

Duty to identify operative text

• The instrument requires affected parties to rely on the separately made AD instruments (the attachments) for the operative provisions. The instrument expressly states the attached ADs are re-made “in exactly the same form as appears in the latest published edition of the Directive”, so the substantive content to be complied with is the content of those attached ADs (final note).

Duty to follow AD-specific requirements

• Any inspection, retirement, replacement, modification or limitation that was specified in a listed AD will, by implication of the remaking, be available in a separately issued instrument and must be followed as required by that separate instrument. The current instrument, however, does not itself set those technical actions; those are contained in the attached ADs (opening clause).

Record-keeping and citation

• The remaking of individual ADs as separate instruments creates a duty on operators and maintenance organisations to update their references, maintenance schedules, compliance logs and records to cite the individually re-made AD instruments rather than the previous consolidated instrument or listing.

Rights and procedures

• The instrument does not set out appeal, review or dispute mechanisms. It is silent on procedural rights such as review of CASA decisions or reviewable actions. The only procedural invocation is the delegate’s authority under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (opening paragraph). Affected parties must therefore look to those statutes and broader regulatory instruments to identify any rights of review or challenge.

Status indicators that affect duties

• Several entries in Schedule 1 are labelled “CANCELLED” or “This AD yet to be issued”. Where an AD is labelled “CANCELLED” in the Schedule, the separately re-made instrument will reflect that cancellation status as it appeared in the latest published edition, and affected parties should not assume an active duty where the remade AD is a cancellation notice. Conversely, the entry “This AD yet to be issued” indicates a placeholder or index entry; operators should confirm whether a substantive AD instrument exists in the attachments or in CASA’s published instrument collection before assuming any duty flows from that entry.

Limitation on the instrument’s text

• The instrument itself does not include operative compliance dates, technical action parameters, or penalty provisions. The key duties and any rights to relief, waivers, or alternative compliance must be located in the separately re-made AD instruments or the enabling regulation (subreg 39.001(1)).

In short, the instrument delegates the hard-edged compliance obligations to the separately made AD instruments and obliges affected parties to refer to those separate instruments as the source of duties. The instrument’s own role is to revoke the prior instrument or listing and to reissue each AD in its then-current published form.

The instrument itself does not set out any penalty provisions or enforcement mechanisms. Its operative text performs revocation and re-making of Airworthiness Directives and contains no express provisions specifying penalties, fines, or criminal offences (opening clause). It cites the enabling power used by the delegate, subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998, but does not reproduce any enforcement provisions from that regulation or from other parts of the regulatory scheme.

Implications for enforcement follow two points that can be read from the text:

• Enforcement will depend on the legal status and content of the separately re-made AD instruments. Since the instrument remakes each AD “in exactly the same form as appears in the latest published edition of the Directive” (final note), any enforcement or penalty regimes embedded in those separate ADs, or derived from the wider Civil Aviation Safety Regulations, are the relevant instruments to consult for enforcement details.

• The instrument does not alter the substantive content of the ADs: to the extent that non-compliance with an AD previously constituted a regulatory breach subject to enforcement under the Civil Aviation Safety Regulations, the same substantive non-compliance will remain actionable if the re-made AD contains the same obligations. However, the remaking process itself does not add or remove enforcement provisions in this text: it is a re-issuance mechanism.

Because the instrument is silent on enforcement mechanisms, affected parties must consult:

• the separately re-made AD instruments attached to this instrument for any specific compliance dates, mandatory actions or procedural requirements; and
• the Civil Aviation Safety Regulations 1998 (including the cited subregulation 39.001(1) where the power is sourced) and related statutory provisions for general enforcement, penalty and sanctioning powers that CASA may apply in respect of non-compliance with ADs.

Note also that Schedule 1 includes ADs with varied statuses, including entries marked “CANCELLED”. Where the separately re-made AD instrument is a cancellation notice, it will not create an actionable compliance obligation to perform that AD; conversely, active ADs that remain in force will continue to be subject to any enforcement regime available under the broader statutory framework even though no penalty terms are recited in this revocation/remaking instrument.

In short, enforcement and penalty detail are not contained in the text provided; the instrument changes how ADs are presented and served but leaves enforcement to the established CASA regulatory apparatus and to the text of each separately re-made AD and the enabling regulations.

The instrument expressly invokes and operates under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (opening paragraph). That citation is the only cross-reference to another statutory instrument contained in the text. As such, this revocation and re-making instrument should be read as an administrative exercise carried out under the authority of the Civil Aviation Safety Regulations, and its legal validity is dependent on that enabling power.

Interaction with the Civil Aviation Safety Regulations 1998

• The instrument’s operation is a delegated function under the CASR 1998 framework. Any legal consequences, such as enforceability of separately re-made ADs or procedural rights (for example administrative review or appeal), will be governed by the CASR 1998 and related statutes and regulations. The instrument itself does not restate those review or enforcement rules; it presupposes the overarching legal architecture that gives CASA its powers (opening paragraph).

Relationship to the published edition of the Directives

• The instrument states that each attached AD is being re-made “in exactly the same form as appears in the latest published edition of the Directive” (final note). That creates a direct link between the instrument and the body of published ADs maintained by the relevant aviation authority. The legal text of the separately re-made ADs and the published editions of the Directives must therefore be consistent; any divergence between them would be a matter for administrative correction and could have legal consequences under the broader regulatory framework.

Administrative interactions: revocation, cancellation and separate instruments

• Schedule 1 contains entries marked “CANCELLED” and one entry marked “This AD yet to be issued”. The instrument’s revocation of prior ADs and the simultaneous re-making of ADs as separate instruments will interact with administrative mechanisms that manage instrument status (active, amended, cancelled). That interaction must be reconciled with register-keeping and publication practices under the CASR 1998 regime: registries, operator records and notice mechanisms must reflect the new separate instrument form.

No express interaction with other statutes in the instrument

• The instrument does not reference other Commonwealth statutes, state laws, safety codes, airworthiness manuals, service bulletins or technical standards directly. Any interaction with other laws or standards (for example obligations under air operator certificates, civil liability regimes, insurance contracts, workplace health and safety laws) is not spelled out in the text. Parties should therefore treat the instrument as operative within the CASA/CASR administrative framework, and consider possible implications with other legal regimes by reference to those regimes rather than to this instrument.

Practical note on legal citation

• Because the instrument re-issues ADs as separate instruments, users will need to update legal citations and references. Where previously an operator may have cited a consolidated or composite AD instrument, the operative citation after this instrument will be to the individually re-made AD instrument (as attached). The instrument itself provides the indexing of ADs in Schedule 1 and thus affects how those ADs will be located in the legal and regulatory corpus.

In summary, the direct legal interaction the instrument records is with subregulation 39.001(1) CASR 1998 and with the latest published editions of the directives it re-makes. Other statutory or regulatory interactions are present only by implication and are not articulated in the instrument.

The amendment history that is visible in the instrument arises from two separate sources in the text: (1) the amendment notations that accompany many of the AD entries in Schedule 1; and (2) the instrument’s statement that each attached AD is re-made in the latest published form.

Amendment notations in Schedule 1

• Schedule 1 annotates many AD entries with amendment numbers (for example AD/AS 355/1 Amdt 8; AD/AS 355/7 Amdt 5; AD/AS 355/10 Amdt 4; AD/AS 355/11 Amdt 2; AD/AS 355/14 Amdt 1; AD/AS 355/18 has no amendment notation shown). These amendment suffixes indicate that the published ADs have undergone prior amendments up to the amendment number shown. The instrument lists those amended AD identifiers; when the ADs are re-made as separate instruments, the content of each AD will include the text that corresponds to those amendments as reflected in the latest published edition (Schedule 1; final note).

Historical status indicators

• Several entries in Schedule 1 are explicitly indicated as “CANCELLED” (for example AD/AS 355/2 Amdt 1 is noted “Tail Upper Fin Support Fitting - CANCELLED AD/AS 355/2 Amdt 1”; AD/AS 355/4 is “Tail Rotor Drive Shaft Bearings - CANCELLED AD/AS 355/4”; others likewise). These cancellation indicators record the status of those ADs at the time of the latest published edition: the separately re-made AD for that entry will therefore reflect cancellation as its operative status.

“Yet to be issued” entry

• The Schedule records one entry as “This AD yet to be issued AD/AS 355/54”. This demonstrates that the Schedule reflects not only amended or cancelled ADs, but also placeholders for ADs that may have been planned or listed in the directive series but had not been issued as of the latest published edition.

Instrument date as a historical anchor

• The revocation and re-making instrument is dated 20 December 2004 and is signed by the CASA delegate. That date marks the administrative point at which the prior AD listing was revoked and the separate AD instruments were re-made. For amendment-history purposes, that date is the moment when the administrative form of the ADs changed , the content remains that of the latest published edition, but the legal form (separate instruments) changed on that date (signature block and date).

No amendment to substantive AD content

• Importantly, the instrument states that the ADs are being re-made “in exactly the same form as appears in the latest published edition of the Directive” (final note). Therefore this instrument does not, by itself, introduce new amendments to the substantive content of any AD. Any prior amendments to an AD are preserved through the amendment notations and by re-making the AD in its latest published form.

Administrative implication for tracking amendment history

• Because the ADs are re-made individually, amendment tracking can be clearer for each AD going forward: each separately issued AD will carry its own amendment history in the ordinary way for statutory instruments. The Schedule provides historical snapshot details by listing current amendment numbers and cancellation status at the moment of re-making.

In sum, the instrument records amendment details only insofar as they are embedded in the identifiers in Schedule 1 and preserves existing amendment history by re-making each AD in its latest published form as of the date of the instrument.

The text of the instrument contains no references to litigation, court proceedings, decisions, appeals or judicial review arising from these Airworthiness Directives or from the act of revocation and re-making. There are no case names, citations or summaries included in the instrument text. The only judicially relevant material in this instrument is the recitation of the delegated statutory authority (subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998), and the instrument is silent as to any disputes or litigation connected to the listed ADs.

From the instrument’s terms alone, therefore:

• There is no litigation record contained in the instrument. Any history of legal challenge, court decisions, or administrative appeals related to the ADs listed in Schedule 1 is not recorded in this document.

• Affected parties seeking litigation history must consult external sources such as court records, administrative tribunal records, or CASA’s public files. Those records are not reproduced or summarised in the instrument.

• The instrument’s silence means users should not treat it as evidence that there has been no litigation; it only confirms the instrument itself does not include any litigation narrative. The instrument is an administrative act effecting revocation and re-making and does not address litigation.

• Because the instrument re-issues ADs “in exactly the same form as appears in the latest published edition”, any litigation that previously engaged the substance of an AD would remain a matter for the courts or tribunals and would not be affected procedurally by the act of re-making, except insofar as the instrument’s reformatting alters the legal citation or instrument numbering used in pleadings or administrative filings.

In short, the instrument contains no litigation history. Users needing information about past or pending legal challenges to any of the listed ADs must consult judicial and administrative records external to this instrument.

The instrument is compact, but it raises several practical issues and potential sources of confusion that affected parties should check carefully. The following are issues directly grounded in the instrument text and Schedule 1 entries.

1. Re-made “in exactly the same form”

• The note states each attached AD is re-made “in exactly the same form as appears in the latest published edition of the Directive”. That phrase means the content is not being altered by this instrument, but it also requires users to ensure they consult the separately attached AD document or the published edition to confirm operative language, compliance dates, and technical details. Relying on the Schedule alone will not be sufficient because the Schedule lists titles and numbers but not the substantive provisions.

2. Cancellations and placeholders in Schedule 1

• Several entries are marked “CANCELLED” while one entry reads “This AD yet to be issued”. The presence of cancelled items in the Schedule can be misread. A cancelled entry in the Schedule likely means the separately re-made instrument is a cancellation notice or that the AD no longer imposes obligations. A placeholder entry like “yet to be issued” may indicate a planned directive that had not been finalised as of the latest published edition. Practically, users must check the attached separate AD instruments to confirm whether an AD is active, cancelled, or not yet issued.

3. Administrative re-issue does not equal substantive change

• Because the instrument re-makes ADs in the same form, some users might expect content changes,this instrument does not create any technical changes. If a stakeholder needs a substantive amendment, they must look to an amendment to the relevant AD or a new AD, not to this revocation/remaking instrument.

4. Amendment numbering and historic references

• Many entries show amendment numbers (Amdt). Operators or maintainers referring to older documents must ensure their references reflect the amendment number now associated with the re-made AD. Failure to cite the correct amendment could cause confusion in audits or regulatory submissions.

5. Fragmented instrument architecture

• By remaking ADs as separate instruments, the legal architecture becomes more atomised. This can improve clarity for single-issue ADs but increases the number of documents to track. Maintenance programmes, operator manuals and compliance logs must be updated to reference the individual AD instruments rather than a consolidated collection.

6. No penalties or enforcement text here

• The instrument does not include enforcement mechanisms or penalties. Users may mistakenly assume this instrument contains or alters enforcement provisions. It does not; enforcement will be derived from the separate AD instruments and the enabling regulations.

7. Effective date ambiguity

• The instrument is dated 20 December 2004, but it does not state an express commencement or effective date for the revocation or re-made instruments. That could cause ambiguity about when stakeholders are required to switch their references and compliance tracking to the separate instruments. Users should rely on the attached ADs and any publication notices for effective dates.

8. Potential for mis-indexing

• The Schedule lists AD numbers up to AD/AS 355/83, with gaps and mixture of statuses. If record-keeping systems or databases index ADs by a prior consolidated instrument, they may fail to link to the separate instruments. Users should verify their indexing processes to ensure all separate ADs are captured correctly.

9. Delegated authority procedural limits

• The instrument shows a delegate acting under subregulation 39.001(1). If a party wishes to challenge procedural aspects of the remaking (for example, a claimed failure to publish or attach the re-made ADs), they must look to CASA administrative processes and the CASR 1998 framework for remedies. The instrument provides no procedural detail on correction or amendment of this administrative action.

10. Assumptions about scope

• The Schedule is explicitly for Eurocopter AS 355 (Twin Ecureuil) series helicopters, but users managing mixed fleets should take care not to assume cross-applicability to other types. The instrument’s scope is confined to the listed ADs and their titles.

These “gotchas” arise from the instrument’s procedural nature, the status markers in Schedule 1, and the fact that the substantive requirements remain in the attached separately re-made ADs rather than in the revocation/remaking instrument itself. The practical remedy is to obtain and review the attached separately made AD instruments and to update compliance systems and citations accordingly.

This instrument does not itself list technical compliance steps; rather it requires affected parties to treat the separately re-made Airworthiness Directives as the operative instruments. The immediate compliance pathway is therefore administrative and document-driven. The following practical steps, grounded in the instrument text and Schedule 1, will help operators, maintainers and compliance officers bring their actions into alignment with the revocation and re-making exercise:

1. Obtain the attached separate AD instruments

• The instrument states that each Airworthiness Directive mentioned in Schedule 1 is “attached” and has been re-made “in exactly the same form as appears in the latest published edition of the Directive” (opening clause and final note). The first compliance step is to obtain those attachments (or the corresponding published editions) and confirm the operative text for each AD relevant to your fleet or operations.

2. Confirm active versus cancelled ADs

• Use the separately re-made ADs to determine whether an AD is active, amended, or cancelled. Schedule 1 contains entries marked “CANCELLED”; where a Schedule entry is cancelled, the separately re-made AD should confirm that cancellation. Do not assume an AD listed in Schedule 1 is active without checking the attached instrument.

3. Update maintenance programs and manuals

• Where an attached AD imposes inspection intervals, retirement lives, part replacements or modifications, update maintenance schedules, airworthiness limitation sections, and aircraft technical logs to reflect the AD’s requirements as set out in the separately re-made instrument (the instrument itself preserves the content of each AD as in the latest published edition).

4. Correct legal citations and references

• Replace references to any previously consolidated or differently numbered AD instrument with the correct citation for the separately re-made AD. Many Schedule entries carry amendment numbers; ensure you reference the correct amendment notation (Schedule 1 entries such as AD/AS 355/1 Amdt 8).

5. Record evidence of compliance

• After performing any required inspections, modifications or part replacements in accordance with an attached AD, document compliance in the aircraft maintenance records and logbooks with reference to the separately re-made AD instrument that required the work. This instrument’s purpose is to re-frame ADs as separate instruments, so compliance records should cite those separate ADs.

6. Address uncertainties about commencement dates

• The instrument is dated 20 December 2004 but does not itself state a commencement date for each re-made AD. Check each attached AD for operative commencement and compliance dates. If those dates are not clear, seek clarification from CASA or refer to the published edition cited in the final note.

7. Verify scope applicability

• Cross-check the applicability statements within each separately re-made AD to ensure it applies to the specific serial numbers, configurations, or modification states of your aircraft. Schedule 1 provides titles and numbers, but the separately re-made AD will contain the applicability details.

8. Integrate with safety management systems

• Incorporate AD compliance checks into your safety management and compliance audit programmes. Because the ADs have been re-made as separate instruments, ensure your compliance checks and internal audits reference the separate ADs systematically.

9. Seek clarification where necessary

• If an attached AD is ambiguous or its status (for example “yet to be issued”) is uncertain, contact CASA or the delegated authority referenced in the instrument for clarification. The instrument itself provides the delegate’s action but does not include details on administrative remedies.

10. Maintain awareness of future amendments

• The separately re-made ADs will continue to be subject to amendment in the ordinary way. Monitor CASA publications for amendments to those ADs. Schedule 1 lists many ADs with prior amendment numbers; expect that future amendments will be issued against the separately re-made instruments.

By following these steps - obtain the attachments, confirm status and applicability, update maintenance and legal references, record compliance, and seek clarification where required - operators and maintainers will align their practices with the administrative change effected by this instrument. The central compliance requirement imposed by the instrument is to treat the separately re-made ADs as the authoritative sources for any airworthiness obligations affecting Eurocopter AS 355 series helicopters.