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/M20/2 Amendment 1 affecting Mooney M20B and M20C model aeroplanes with S/Nos 1701 to 1884. CASA has assessed this AD and as a result has cancelled Australian AD/M20//2 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, enacted by the Commonwealth Parliament, governs various aspects of civil aviation in Australia with the overarching goal of ensuring the safety and efficiency of civil aviation operations. This Act provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, further elaborate on the specific requirements and procedures for ensuring the continuing airworthiness of aircraft. The Civil Aviation (Airworthiness Directives) Instrument 2009 (F2009L01361) is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) in accordance with the Act, cancelling an airworthiness directive that had previously been issued for certain Mooney M20B and M20C model aeroplanes. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this legislative instrument as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. This regulation applies to all aircraft registered in Australia and those in operation within Australian territory, ensuring adherence to safety standards set forth by the State of Registry and the State of Design. Notably, these directives are integral to the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. Any AD issued by CASA is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs is thus a critical component in maintaining the safety and airworthiness of aircraft, with CASA's decisions often reflecting international standards and practices. The geographic scope of these regulations extends to all aircraft operating within Australia, ensuring a uniform approach to air safety across the nation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (sections 98 and 39.001 respectively). An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)). These provisions are intended to ensure the continuing airworthiness of aircraft by mandating necessary safety measures. For example, CASA issued AD/M20/2 Amendment 1 affecting certain Mooney M20B and M20C model aeroplanes, which has since been cancelled because the unsafe condition no longer exists (section 84A(2)).
The obligations and requirements imposed by this legislation on the parties and entities it governs are primarily focused on ensuring the safety and airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the State of Registry. The State of Registry, in this case CASA, must then assess the information and issue appropriate ADs to mandate safety requirements (Annex 8). This process ensures that all parties involved in the operation of aircraft are aware of and comply with the necessary safety standards. For instance, when a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce those requirements.
Any breach of the regulations set out in the ADs can lead to significant consequences. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not specify particular offences or penalties for non-compliance with ADs, but general aviation laws and regulations can impose severe penalties for non-compliance. Such penalties could include fines, suspension or revocation of aircraft registration, and even criminal charges for serious breaches that result in accidents or endanger safety. The severity of the penalties reflects the critical importance of adhering to ADs to maintain the high safety standards required in civil aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation through the issuance of ADs. CASA, acting as the national airworthiness authority, is responsible for assessing and enforcing these directives to maintain the airworthiness of aircraft. Compliance with these directives is mandatory, and failure to adhere to them can result in significant penalties, underscoring the importance of these regulations in protecting public safety.