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.
CASA has raised AD/M20/32 Amendment 6 to correct an unsafe situation on Mooney M20 aircraft. Mooney M20s are susceptible to corrosion in the tubes of the fuselage space frame, and AD/M20/32 was initially raised in the 1980s to address this problem. The State of Design for this type, the USA, has not yet taken action to correct this unsafe condition. AD/M20/32 has been amended several times, but Amendment 5, in an effort to reduce the burden on industry, resulted in confusion as to which requirements had to be done when. As there are many examples of the M20 on the Australian register, CASA has issued AD/M20/32 Amendment 6 to remove the ambiguities and prevent the resulting confusion.
CASA has not consulted with the Australian industry and public because the change to this AD does not affect the intent of previous versions.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate the framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the mechanisms under this Act is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to address unsafe conditions on aircraft types registered in Australia. The objective is to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA has issued Amendment 6 to Airworthiness Directive AD/M20/32, targeting the corrosion issue in Mooney M20 aircraft. This amendment aims to correct ambiguities introduced by a previous version, ensuring that the requirements are clear and confusion is avoided, without necessitating consultation with industry due to the non-material change in intent. The directive reflects CASA's commitment to safety and aligns with the policy of ensuring the continuing airworthiness of aircraft under the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. This authority is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interest of air navigation safety. The ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. These directives are issued to address unsafe conditions identified in specific aircraft types and are mandated by the State of Registry, which in Australia’s case is CASA. The most recent amendment, AD/M20/32 Amendment 6, was issued to correct ambiguities in previous amendments concerning corrosion issues in Mooney M20 aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation. Although ADs are subject to disallowance, the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. This AD applies to all Mooney M20 aircraft registered in Australia and mandates specific actions to rectify the identified unsafe condition.
Key Provisions
The Civil Aviation Act 1988, as modified by the Civil Aviation Safety Regulations 1998, enables the issuance of airworthiness directives (ADs) under regulation 39.001. These directives serve as legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Section 98 of the Act allows the Governor-General to create regulations for air navigation safety, and these directives are integral to maintaining the continuing airworthiness of aircraft types and aeronautical products. The State of Design holds the primary responsibility for ensuring the ongoing airworthiness of an aircraft type, while the State of Registry must implement measures to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD for a type registered in Australia, CASA, as the national airworthiness authority, evaluates the directive and, if necessary, issues an Australian AD to enforce the requirements.
The obligations imposed by the ADs on the parties they govern include ensuring that aircraft remain airworthy through compliance with specified directives. For example, AD/M20/32 Amendment 6, issued by CASA, mandates that operators of Mooney M20 aircraft must address corrosion issues in the fuselage space frame tubes to maintain airworthiness. The State of Registry must enforce these directives and ensure that aircraft registered within its jurisdiction comply with the ADs. Operators must follow the requirements outlined in the ADs to ensure that their aircraft remain safe for flight. Failure to comply with an AD can result in serious safety issues, including potential aircraft accidents.
The Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance with ADs. Under section 39.001(5) of the regulations, ADs are considered disallowable instruments, meaning they can be annulled by Parliament. Civil or criminal penalties may apply for non-compliance, depending on the severity of the breach. For instance, non-compliance with ADs could lead to enforcement actions, fines, or even criminal charges if the breach results in an accident or endangers safety. While the specific penalties are not detailed in the provided text, they can include substantial fines and imprisonment for serious breaches. The importance of adhering to ADs cannot be overstated, as they are crucial for maintaining the safety standards required under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.