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-M4/3 affecting Maule M-4-210 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, 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 was enacted to establish a framework for civil aviation safety in Australia, with the overarching goal of ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of safety. The Civil Aviation Safety Regulations 1998 further specify the regulatory processes and responsibilities, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. The ADs, which are legislative instruments under the Legislative Instruments Act 2003, are consistent with the requirements of Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for ensuring aircraft safety.
The cancellation of AD/ML-M4/3 for the Maule M-4-210 model aircraft was conducted by CASA in accordance with Australia’s obligations under the Convention on International Civil Aviation. Given that no consultation with the Australian public was required and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation, the cancellation of this AD is a direct result of international obligations. The AD was issued and subsequently cancelled by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, under the authority provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, encompass the regulatory framework for issuing airworthiness directives (ADs) as per section 98 of the Civil Aviation Act 1988, with the overarching goal of ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. Such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby qualifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The geographic reach of these regulations is national, applying to all aircraft and aeronautical products within Australia, and they are consistent with international standards under Annex 8 to the Convention on International Civil Aviation. ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design and the State of Registry sharing responsibilities as outlined in the Convention. The cancellation of a specific AD, such as AD/ML-M4/3 affecting Maule M-4-210 model aircraft, is a result of Australia's obligations under the Convention and does not require public consultation or a Regulatory Impact Statement. The AD cancellation is executed by CASA, specifically by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) under section 98 (1) and regulation 39.001. The Civil Aviation Safety Authority (CASA) has the authority to issue these ADs for specific types of aircraft or aeronautical products, as outlined in subregulation 39.001(5). These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, serve as a means to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures the continuing airworthiness of individual aircraft.
The Act and accompanying regulations impose several obligations on the parties involved. CASA, as the State of Registry, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This includes issuing ADs when necessary to address safety concerns or compliance issues. The State of Design must provide necessary information to appropriate States of Registry to support the continuing airworthiness of aircraft types. Furthermore, CASA, as the issuing authority, must follow the prescribed procedures and ensure the ADs align with Australia's international obligations under the Convention on International Civil Aviation.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 may result in various civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with ADs could potentially lead to severe consequences, including fines or imprisonment, depending on the severity of the breach. The Act and its regulations are designed to uphold the highest safety standards in civil aviation, and violations can have significant legal repercussions. CASA, as the regulatory body, is tasked with enforcing these provisions to maintain the safety and integrity of the aviation industry in Australia.