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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/ML-M4/11 affecting Maule M-4 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 2009. No replacement AD is required.
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, Airframes 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 establish a comprehensive framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations in the interest of aviation safety, delegating the authority to issue airworthiness directives (ADs) to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments, crucial for maintaining the continuing airworthiness of aircraft in line with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. Recently, CASA cancelled AD/ML-M4/11 for Maule M-4 model aircraft, effective 12 February 2009, due to Australia’s obligations under the Convention, thereby eliminating the need for a Regulatory Impact Statement or public consultation. The cancellation reflects CASA's commitment to upholding international civil aviation standards while ensuring the safety and reliability of aircraft operating within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These regulations extend to all aircraft registered in Australia and to any aeronautical products used within the country, impacting manufacturers, operators, and maintenance providers within the aviation industry. The geographic reach of these regulations is national, applying uniformly across all states and territories of Australia. While the Act provides a broad scope for the issuance of ADs, subregulation 39.001(5) stipulates that such directives are disallowable instruments, meaning they can be reviewed and potentially disallowed by the Governor-General. Additionally, under section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments, which must comply with the Act's provisions and related standards set by the International Civil Aviation Organization (ICAO). Any exclusions or exemptions from these regulations are not specified in the explanatory statement, suggesting that the ADs apply comprehensively to the designated aircraft types and aeronautical products without stated exceptions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that promote air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design as per Annex 8 of the Convention on International Civil Aviation, and the State of Registry of individual aircraft.
The obligations imposed by these regulations are primarily on CASA, which must ensure that ADs are issued to maintain airworthiness. The State of Design must provide necessary information to the States of Registry to facilitate compliance with airworthiness standards, while the States of Registry are responsible for implementing and enforcing these standards. For example, CASA issued AD/ML-M4/11 concerning the Maule M-4 model aircraft, which was subsequently reviewed and cancelled by CASA. This cancellation, which takes effect on 12 February 2009, is in line with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Under the Civil Aviation Safety Regulations 1998, breaches of the provisions regarding airworthiness directives can lead to various civil or criminal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is generally understood that failure to adhere to ADs can result in significant safety risks, including potential aircraft accidents. CASA has the authority to enforce compliance and may take legal action against entities or individuals who fail to meet the airworthiness standards set forth in the ADs. This enforcement can include fines, legal penalties, and other regulatory measures designed to ensure the safety of air navigation.