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 FAA has issued AD 2008-24-02 affecting Maule Aerospace M-4 series aircraft. The United States is the State of Design for this aircraft series. CASA has assessed this AD and has issued Australian AD/ML-M4/19, which will become effective on
12 February 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review 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, was introduced to regulate the safety and efficiency of civil aviation within Australia. This legislation serves to provide a framework for the administration of civil aviation, ensuring that safety standards are met and enforced. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, facilitating compliance with international airworthiness standards and obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest safety standards in air navigation and ensure the continuing airworthiness of aircraft registered in Australia, in line with international obligations.
In accordance with the Civil Aviation Act 1988 and its regulations, CASA is mandated to issue ADs when necessary, particularly in response to directives issued by the State of Design of an aircraft type. Such directives are legislative instruments that become effective upon issuance and are not subject to public consultation or a Regulatory Impact Statement, given their alignment with international obligations. CASA issued Australian AD/ML-M4/19 in response to the FAA’s AD 2008-24-02 for the Maule Aerospace M-4 series aircraft, highlighting the collaborative approach to ensuring aircraft safety under the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation safety in Australia, with a particular focus on ensuring the airworthiness of aircraft. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are legislative instruments designed to address safety issues with aircraft or aeronautical products. These directives are issued under the responsibility of the State of Design for a particular aircraft type and are intended to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, and are a common mechanism used by ICAO Contracting States to maintain safety standards. The State of Registry, in this case CASA, is responsible for the implementation and enforcement of these directives within Australia. The issuance of an Australian AD, such as AD/ML-M4/19 for the Maule Aerospace M-4 series aircraft, follows the assessment of a corresponding AD from the aircraft's State of Design, the United States, and aligns with Australia’s obligations under international conventions.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations on parties and entities are significant. The State of Design is primarily responsible for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to the relevant States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. The State of Registry of an individual aircraft is also mandated to develop or adopt requirements to ensure the aircraft's continuing airworthiness, in line with Annex 8.
Failure to comply with the provisions of the ADs can result in severe consequences. The Federal Aviation Administration (FAA) has issued AD 2008-24-02 concerning Maule Aerospace M-4 series aircraft, with CASA subsequently issuing Australian AD/ML-M4/19, effective from 12 February 2009. Non-compliance with these ADs could result in civil or criminal penalties. The exact penalties for breaches of airworthiness regulations are not specified within the text but are likely to be severe, given the importance of ensuring the safety of air navigation.
It is important to note that no public consultation has taken place on this particular AD, as it is issued in response to Australia's obligations under the Convention on International Civil Aviation and the AD raised by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.