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 Civil Aviation Safety Authority or its predecessors issued AD/M20/11 affecting Mooney M20C and E model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/11. The cancellation will become effective on
9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation in Australia, with an overarching emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that are essential for maintaining air navigation safety. One such regulation is outlined in the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft, ensuring that they remain safe for operation. The process of issuing and managing ADs, including the cancellation of AD/M20/11 for Mooney M20C and E model aeroplanes, is conducted by CASA in accordance with both national legislation and international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives, which are considered legislative instruments, are intended to address safety concerns and maintain the safety standards in alignment with the obligations under the Convention on International Civil Aviation. ADs are issued by the State of Design and adopted by the State of Registry, which in Australia's case is CASA. This legislation applies to all aircraft registered in Australia and extends to aeronautical products used on those aircraft, ensuring that all relevant parties, including aircraft manufacturers, operators, and maintenance providers, comply with the stipulated safety requirements. The application of these regulations is not limited by geography within Australia but is instead focused on the aircraft registered under the Australian jurisdiction. While the Act and its regulations provide a comprehensive framework for ensuring airworthiness, certain exclusions or exemptions may apply depending on specific circumstances or particular types of aircraft. Furthermore, CASA may extend or restrict the application of these regulations through subordinate instruments, ensuring that the directives remain effective and relevant to evolving safety standards and technological advancements.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments and play a critical role in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. According to these provisions, the State of Design has the overarching responsibility for the airworthiness of an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under these regulations, CASA has the responsibility to monitor and enforce compliance with ADs issued by other states. In the case of AD/M20/11, which affected Mooney M20C and E model aeroplanes, CASA has determined that the unsafe condition identified by this directive no longer exists. Consequently, CASA has cancelled the Australian AD/M20/11, effective from 9 April 2009, without the need for a replacement AD. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and has been implemented without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The issuance, assessment, and cancellation of ADs by CASA are overseen by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, in accordance with section 84A(2) of the Civil Aviation Act 1988. These actions ensure that CASA maintains its mandate to protect the safety of air navigation in Australia. The authority to make such decisions is vested in CASA by the Act and the Regulations, which provide a clear framework for managing airworthiness directives and ensuring compliance with international standards. Any failure to adhere to these requirements could result in significant safety risks, highlighting the critical nature of CASA's role in this area.