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/M20/14 affecting Mooney M20A, B, C, and D model aeroplanes fitted with McCauley 2D36C14/78 KM-4 or 2D34C53-A/74E-0 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/M20/14. 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 legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. In accordance with section 98 of this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, making these directives legislative instruments as per the Legislative Instruments Act 2003. These ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in line with Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, ensures that Australian regulations align with international standards and mandates the necessary requirements through ADs when required.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue these directives under regulation 39.001. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, apply to specific types of aircraft or aeronautical products to ensure the ongoing safety and airworthiness of these entities. The ADs are in line with the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type and the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. The process is regulated to ensure compliance with international standards, and any ADs issued are subject to the disallowance provisions under the Acts Interpretation Act 1901. The scope of these regulations extends to ensuring that Australian aircraft meet both national and international safety standards, and the application of these directives is geographically comprehensive across Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together provide the legislative framework for the issuance of airworthiness directives (ADs). According to these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The State of Design, which is the country where the aircraft is designed, is responsible for ensuring the continuing airworthiness of an aircraft type. When such a state issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
CASA has a specific obligation under these regulations to assess any AD issued by the State of Design and determine its applicability to aircraft registered in Australia. If CASA deems it necessary, it must issue an Australian AD to ensure the continuing airworthiness of the aircraft on the Australian Register. This involves a thorough evaluation of the safety information provided by the State of Design to ascertain whether it is applicable to the aircraft registered in Australia. Additionally, CASA must ensure compliance with international obligations under the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Registry.
Failure to comply with the requirements of an airworthiness directive can result in serious consequences. Civil penalties can be imposed for non-compliance with ADs, which can include fines or other monetary penalties. Additionally, in cases of severe non-compliance, criminal penalties may apply, potentially resulting in imprisonment. The exact penalties depend on the nature and severity of the breach, but they are intended to ensure that aircraft remain airworthy and safe for operation.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issue airworthiness directives for aircraft registered in Australia, based on information from the State of Design. Compliance with these directives is mandatory, and failure to adhere to them can result in both civil and criminal penalties, reinforcing the importance of maintaining the safety and airworthiness of aircraft in Australian airspace.