AD/ML-M5/2 - Control Column Chain and Engine Controls - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation and related matters. It empowers the Governor-General to make regulations to ensure the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This Act addresses the need for maintaining the continuing airworthiness of aircraft and aeronautical products in alignment with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for ensuring aircraft safety. The legislative framework allows CASA to issue and subsequently cancel airworthiness directives, such as AD/ML-M5/2 affecting Maule M-5-210C model aircraft, which was cancelled on 12 February 2009 due to obligations under the Convention on International Civil Aviation. This cancellation did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These airworthiness directives, as specified under subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus qualify as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The issuance of these directives is consistent with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness to the appropriate States of Registry. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure it. The cancellation of a specific airworthiness directive, such as AD/ML-M5/2 for the Maule M-5-210C model aircraft, is done in alignment with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation is required. The AD cancellation is 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.

Key Provisions

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and the scrutiny of the Legislative Instruments Act 2003. Under these provisions, CASA has the authority to issue ADs, which serve as crucial tools for maintaining the continuing airworthiness of aircraft. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure an aircraft type's continuing airworthiness, and the State of Registry must implement measures to maintain this airworthiness for individual aircraft. ADs are the primary means through which this information is communicated. In the case of the Maule M-5-210C model aircraft, CASA issued AD/ML-M5/2. However, due to Australia's obligations under the Convention on International Civil Aviation, CASA has cancelled this AD, effective from 12 February 2009, without the need for a replacement. This decision 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. The cancellation of this AD did not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The process of issuing and cancelling ADs is therefore governed by a combination of national legislation and international obligations, ensuring that aircraft safety standards are maintained in accordance with both domestic and global requirements.