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.
CASA issued AD/M20/16, affecting Mooney M20 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for civil aviation in Australia, addressing issues related to the safety and regulation of aircraft and aeronautical products. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing specific requirements and processes, including the issuance of airworthiness directives (ADs) under regulation 39.001. The Civil Aviation Safety Authority (CASA) is the national airworthiness authority, mandated to issue ADs when necessary to ensure the continuing airworthiness of aircraft registered in Australia. The ADs serve as a crucial mechanism for disseminating continuing airworthiness information, aligning with international standards set by the International Civil Aviation Organization (ICAO). In line with these obligations, CASA has the authority to issue, review, and cancel ADs, such as the recent cancellation of AD/M20/16 affecting Mooney M20 model aircraft in 1972, which will become effective on 17 January 2008, following an internal review and determination that no further action is required. This process is conducted in accordance with subsection 84A(2) of the Act, ensuring that regulatory measures are both effective and proportionate.
Scope and Application
The Civil Aviation Act 1988, as amended, authorises the Governor-General to create regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments and apply to aircraft or aeronautical products in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. The State of Registry, in this case CASA, has the responsibility for the continuing airworthiness of aircraft registered in Australia and must comply with international standards set by ICAO. The specific AD/M20/16, which was issued for Mooney M20 model aircraft from 1972, is being cancelled by CASA, reflecting that the initial safety concerns have been addressed by other regulations. The cancellation of this AD was conducted without public consultation as it was deemed to reduce regulatory burden, and no Regulatory Impact Statement was required. This action is taken under the authority of the Manager, Airframes in the Airworthiness Engineering Branch, pursuant to subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that support the Act, particularly in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
In the specific case of AD/M20/16, which affects Mooney M20 model aircraft from 1972, CASA has reviewed and decided to cancel this AD. This cancellation will take effect on 17 January 2008, and no replacement AD is required because the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1. This decision to cancel the AD was made without public consultation as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of penalties and consequences for non-compliance, the specific regulations regarding ADs do not outline explicit criminal or civil penalties in the provided text. However, failure to comply with an AD could potentially lead to enforcement actions by CASA, including fines or other regulatory measures under the broader framework of the Civil Aviation Act 1988 and associated regulations.