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/M20/4 affecting Mooney M20B model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/4. 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 Parliament of Australia, provides the legal framework for the regulation of civil aviation in Australia. It aims to ensure the safety and efficiency of civil aviation, particularly through the oversight of aircraft and aeronautical products. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern the safety standards and practices in the industry. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. ADs are legislative instruments and are integral to fulfilling Australia’s obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility for aircraft type airworthiness with the State of Design and mandates the State of Registry to ensure the continuing airworthiness of individual aircraft. In this context, CASA has the authority to issue ADs in response to international directives, ensuring that Australian standards align with global safety requirements.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products meet the necessary safety standards. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The Act applies to all entities involved in the operation of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance providers. CASA, as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and, if appropriate, issuing Australian ADs to enforce the requirements set forth by the State of Design. The geographic scope of this regulation is national, covering all aircraft registered in Australia, in line with international standards set by the International Civil Aviation Organization (ICAO). Exemptions and exclusions from these regulations are not specified in the given text, but the Act allows for the issuance of subordinate instruments to further define or extend its application.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that serve the Act's purpose and safeguard air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as they fall under the purview of section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are critical for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the design of an aircraft, must provide necessary information to the State of Registry to ensure an aircraft’s continuing airworthiness. The State of Registry, in turn, has the responsibility to develop or adopt requirements to maintain airworthiness. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the design state's requirements.
In relation to the Mooney M20B model aeroplanes, CASA issued AD/M20/4, which has now been cancelled following an assessment by CASA. The cancellation of AD/M20/4 will take effect on 7 May 2009. There is no need for a replacement AD, as the unsafe condition no longer exists. This cancellation is due to Australia's obligations under the Convention on International Civil Aviation and, accordingly, did not require consultation with the Australian public. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was authorised by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on parties involved in airworthiness. CASA must rigorously assess any ADs issued by the State of Design and decide whether to mandate corresponding Australian ADs. Aircraft owners and operators must comply with any ADs that are applicable to their aircraft, ensuring they adhere to the safety requirements set forth. Failure to comply with these ADs could lead to severe consequences, including potential penalties for non-compliance. The Civil Aviation Safety Regulations 1998 provide for specific penalties and enforcement actions for breaches of ADs, though the exact penalties are not detailed in this explanatory statement.