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/M20/26 affecting Mooney M20J model aeroplanes with S/Nos 240002 to 240041. CASA has assessed this AD and as a result has cancelled Australian AD/M20/26. 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, is a foundational piece of legislation aimed at regulating civil aviation within Australia, ensuring safety, efficiency, and security in the national airspace. The Act grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives, which are critical for maintaining the safety and airworthiness of aircraft. Under the authority conferred by section 98 of the Civil Aviation Act 1988, and in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue these directives to address identified safety issues. The policy objective underpinning this legislative framework is to ensure the safety of air navigation and to align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type. The Civil Aviation Safety Regulations 1998 further provide that airworthiness directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, thereby subjecting them to the legislative scrutiny outlined in the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, together with Annex 8 to the Convention on International Civil Aviation, provide the framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) for aircraft and aeronautical products in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these ADs, which serve as the primary means of ensuring the continuing airworthiness of aircraft and products registered in Australia. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003. These regulations apply to all aircraft and aeronautical products registered in Australia, and CASA, as the national airworthiness authority, is responsible for assessing and issuing ADs in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which, in turn, must implement the ADs to ensure the safety of the aircraft. In this context, the AD/M20/26 affecting Mooney M20J model aeroplanes with specific serial numbers was assessed and subsequently cancelled by CASA on 7 May 2009, as the unsafe condition it was addressing no longer existed.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that enhance the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for particular types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under the Legislative Instruments Act 2003. ADs are integral to the international system of ensuring continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such maintenance on the State of Design.
The obligations imposed by these provisions require CASA to diligently assess information from the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with internationally agreed-upon safety protocols. The State of Registry must also adopt or develop requisite measures to ensure the ongoing airworthiness of aircraft under its purview, and CASA’s role is pivotal in bridging the gap between international directives and domestic enforcement. This regulatory mechanism underscores the collaborative nature of international aviation safety, where both State of Design and State of Registry share responsibilities in maintaining the safety and airworthiness of aircraft.
Failure to comply with ADs can result in significant legal consequences. Under section 39 of the Civil Aviation Act 1988, the operation of an aircraft that does not conform to its type design or is not in a condition for safe operation is prohibited. Non-compliance with ADs can thus render an aircraft unsafe, leading to enforcement actions against both the operator and the owner. The Civil Aviation Safety Regulations 1998 also detail various penalties, including fines and imprisonment, for breaches of airworthiness requirements. Specifically, section 39.003 outlines that failure to comply with an AD can result in a fine of up to $33,000 for individuals and $165,000 for corporations, in addition to potential imprisonment for up to five years. These stringent penalties underscore the critical importance of adhering to ADs to maintain the highest standards of aviation safety.