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/M20/17 Amendment 1 affecting Mooney M20 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/17 Amendment 1. 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 legal framework for the regulation of civil aviation in Australia, focusing on safety, efficiency, and orderly development of the industry. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003. The enactment of this legislation was necessary to ensure that Australia meets its international obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft. The policy objective is to harmonise Australian civil aviation practices with international standards, thereby enhancing the safety and efficiency of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international standards for the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aligning with the obligations set forth in Annex 8 to the Convention on International Civil Aviation. Such ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design responsible for providing necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority, must assess these international directives and may issue corresponding Australian ADs if deemed necessary. In instances where an unsafe condition identified in an AD no longer exists, CASA has the authority to cancel such directives without requiring public consultation or a Regulatory Impact Statement, reflecting its adherence to both national and international regulatory frameworks. The AD/M20/17 Amendment 1 for Mooney M20 model aeroplanes, initially issued and subsequently cancelled by CASA, exemplifies the practical application of these provisions.
Key Provisions
The main operative sections of this legislation detail the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This authority is exercised under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, and must provide necessary information to ensure this. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet these obligations.
The obligations imposed by the Act and Regulations on the parties governed by them include ensuring the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is mandated to assess information from the State of Design and issue Australian ADs if necessary to enforce the requirements of the State of Design. The State of Registry must ensure that each aircraft on its register meets continuing airworthiness standards, and CASA is responsible for overseeing and enforcing these standards. In this specific case, CASA assessed the AD/M20/17 Amendment 1 issued for Mooney M20 model aeroplanes and decided to cancel it on 7 May 2009 because the unsafe condition no longer existed.
There are no direct provisions regarding offences, penalties, or consequences for breach of these provisions in the text provided. However, it is implicit that failure to comply with ADs could result in serious safety implications, and CASA, as the regulatory body, would likely take appropriate action against any non-compliance. While specific penalties are not detailed in the provided text, any breaches of aviation safety regulations could potentially lead to enforcement actions, including fines, aircraft grounding, or other regulatory sanctions under the broader framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The regulatory process for ADs, including their issuance and cancellation, ensures that any potential safety risks are addressed in a timely and effective manner.