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/M20/24 Amendment 2 affecting all Mooney M20 model aeroplanes except M20J and subsequent. CASA has assessed this AD and as a result has cancelled Australian AD/M20/24 Amendment 2. 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 comprehensive framework for civil aviation in Australia, ensuring safety and efficiency within the industry. Under this Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, a role that is further delegated to the Civil Aviation Safety Authority (CASA) through the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 allows for the creation of regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In line with Australia’s international obligations, CASA issued and subsequently cancelled Australian AD/M20/24 Amendment 2 for Mooney M20 model aeroplanes, reflecting the resolution of the identified safety issue and adherence to international protocols.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the legal framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The issuance of ADs is in line with Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, assesses this information and, if necessary, issues Australian ADs to enforce the requirements of the State of Design. The regulation applies to all entities involved in the operation and maintenance of aircraft within Australia, including aircraft manufacturers, operators, and maintenance organisations, ensuring compliance with safety standards to maintain airworthiness. The scope of the ADs extends nationally, encompassing all aircraft registered in Australia, and aligns with international safety standards to ensure consistent application across jurisdictions.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together establish the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as defined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA, as the national airworthiness authority, to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design (the country where the aircraft type was designed), CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that the safety standards set by the State of Design are adhered to in Australia. The State of Registry (the country where the aircraft is registered) also has a responsibility to implement and enforce these ADs to maintain the airworthiness of individual aircraft.
Failure to comply with an AD can result in serious consequences. Under section 97 of the Civil Aviation Act 1988, an authorised officer can issue a notice requiring compliance with an AD, and failure to comply can lead to enforcement actions. While specific penalties are not detailed in the provided text, non-compliance with safety regulations can generally result in significant civil or criminal penalties, including fines and potential imprisonment. The severity of these penalties reflects the critical importance of adhering to ADs to maintain the safety of air navigation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing ADs to ensure aircraft safety. CASA’s role in assessing and implementing these directives is crucial, as is the responsibility of the State of Registry to enforce them. Failure to comply with ADs can have severe civil or criminal consequences, underscoring the importance of these safety measures.