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/M20/34 affecting Mooney M20F and M20J model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/34. 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, Systems and New Technologies, 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 Australian Parliament, serves as the foundational piece of legislation governing civil aviation in Australia. It provides the legal framework within which the Civil Aviation Safety Regulations 1998 operate, ensuring the safety and efficiency of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to mandate safety measures for specific types of aircraft or aeronautical products. The policy objective behind these directives is to maintain and enhance the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs, as stipulated under Annex 8, are a critical mechanism through which the State of Design communicates necessary safety information to States of Registry, such as Australia, ensuring compliance and safety standards are met globally.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for particular types of aircraft or aeronautical products, thereby ensuring adherence to airworthiness standards. These ADs are intended to mandate specific actions or modifications to maintain the safety and airworthiness of aircraft registered in Australia. Such directives are applicable to the operators of the affected aircraft types, ensuring that they comply with the stipulated safety requirements. Geographically, the Act applies within the Commonwealth of Australia, and the authority to issue ADs extends to all aircraft registered in Australia, regardless of where they are manufactured or operated. While the Act and its regulations provide a comprehensive framework for ensuring air safety, specific exclusions or exemptions are not detailed in the provided text. However, the issuance and enforcement of ADs are subject to the broader obligations under the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry collaborate to ensure the continuing airworthiness of aircraft.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, focus on ensuring the continuing airworthiness of aircraft through the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Section 39.001(5) further clarifies that these ADs are legislative instruments under the Acts Interpretation Act 1901. This means that ADs are formal and legally binding documents that can be subject to disallowance by Parliament.
These airworthiness directives are essential tools for ensuring that aircraft remain airworthy over time. Under the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements. For instance, CASA issued AD/M20/34 for Mooney M20F and M20J model aeroplanes but later cancelled it on 7 May 2009 after determining that the unsafe condition no longer existed.
The obligations imposed on parties and entities governed by these regulations are substantial. The State of Design must provide any necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, has the responsibility to assess information from other states and issue relevant ADs. Failure to comply with these requirements can lead to significant consequences.
Breaching the requirements set forth in these regulations can result in both civil and criminal penalties. Although specific penalties are not detailed in the text, it is clear that non-compliance with airworthiness directives can lead to serious consequences. These may include fines, imprisonment, or other civil actions, depending on the nature and severity of the breach. It is also noted that no public consultation or Regulatory Impact Statement is required for AD cancellations under these regulations, reflecting their urgent and safety-critical nature.