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/M20/12 affecting Mooney M20F model aeroplanes with S/Nos 670001 to 670362. CASA has assessed this AD and as a result has cancelled Australian AD/M20/12. The cancellation will become effective on 7 May 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support these safety objectives, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to align Australia’s practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design for providing necessary information to ensure safety. For aircraft registered in Australia, CASA acts as the national airworthiness authority and must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. The scope of these regulations applies to all aircraft and aeronautical products within Australia's jurisdiction, with CASA being the regulatory body that issues, monitors, and enforces compliance with these directives. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. This legislative framework ensures that all stakeholders, including aircraft manufacturers, operators, and maintenance providers, adhere to stringent safety standards to mitigate risks associated with air travel.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. As per Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the design of the aircraft type, must ensure the continuing airworthiness of the aircraft and provide necessary information to the States of Registry. The State of Registry, in turn, has the responsibility for the continuing airworthiness of individual aircraft registered within its jurisdiction and must develop or adopt requirements to meet this obligation.
In the specific case of the Mooney M20F model aeroplanes with serial numbers 670001 to 670362, CASA issued Australian AD/M20/12. Following an assessment, CASA has decided to cancel this airworthiness directive, effective from 7 May 2009. This cancellation is due to the resolution of the unsafe condition that originally prompted the issuance of the directive, and no replacement directive is necessary. The cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required in this instance. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation of AD/M20/12 was made by the Manager, Airframe and Structures, within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act.
In terms of obligations, the State of Design must provide essential information to ensure the continuing airworthiness of aircraft types, and States of Registry must develop or adopt requirements to meet this responsibility. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. The cancellation of ADs must be carried out in compliance with Australia's international obligations and regulatory frameworks. CASA's decision to cancel AD/M20/12 reflects the completion of this process and the resolution of the associated safety issue.
Breaching the requirements of the Civil Aviation Act 1988 and the associated regulations can result in significant legal consequences. The Act and the regulations are designed to ensure the highest standards of air safety, and violations can lead to both civil and criminal penalties. Offences under the Act may include actions that compromise the safety of air navigation or the airworthiness of aircraft. Penalties can vary depending on the severity of the breach, but they may include fines, imprisonment, or both. For instance, under section 34 of the Act, a person who contravenes certain provisions may be liable to a fine of up to $210,000 for individuals and $1,050,000 for bodies corporate, along with potential imprisonment terms. The precise penalties are determined by the nature and extent of the breach, as outlined in the relevant sections of the Act and associated regulations.