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/M20/18 affecting Mooney M20C, E, F and G model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/18. 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 the industry. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and to safeguard the safety of air navigation. One significant regulation, established under 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 legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs are integral to the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, assesses and issues Australian ADs when necessary, ensuring compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower CASA to mandate specific requirements for aircraft or aeronautical products, thereby ensuring compliance with safety standards. The ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with the Legislative Instruments Act 2003. The authority to issue these directives is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to enforce these requirements. The scope of these directives is broad, encompassing all entities involved in the operation and maintenance of aircraft registered in Australia, thus impacting airlines, maintenance organisations, and individual aircraft owners. The geographic reach of these regulations is national, applying uniformly across Australia, with CASA's decisions binding on all relevant parties within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) govern the issuance and management of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The AD is a legislative instrument as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and it is regulated under the Legislative Instruments Act 2003.
The obligations placed on parties and entities by the AD system include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs when necessary. This collaborative effort ensures that safety standards are met and maintained across the aviation industry.
Failure to comply with ADs can result in serious consequences. Under section 18 of the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, and CASA has the authority to issue infringement notices for such breaches, with penalties set by the Civil Aviation (Infringement Notice) (Administration) Regulations 1991. Additionally, under section 50 of the Act, CASA may take enforcement action against any person who contravenes an AD, potentially leading to more severe penalties, including fines and imprisonment. These provisions underscore the importance of adhering to ADs to ensure the safety and integrity of the aviation industry.