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-6 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-M6/3, 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 to ensure the safety of air navigation, empowers the Governor-General to establish regulations under section 98, which are fundamental for the interests of aviation safety. This Act facilitates the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998, with such ADs being considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that the Civil Aviation Safety Authority (CASA) can effectively mandate safety measures for aircraft on the Australian register, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation by ensuring aircraft meet continuing airworthiness standards, as determined by the relevant State of Design and enforced by CASA.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) within Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations that ensure the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with these ADs being considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are a crucial element of continuing airworthiness, mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and must issue Australian ADs in response to ADs from the aircraft's State of Design, which in this case is the United States for the Maule Aerospace M-6 series aircraft. The issuance of Australian AD/ML-M6/3 is directly tied to the AD 2008-24-02 issued by the Federal Aviation Administration, reflecting Australia's international obligations and the requirement for uniformity in aircraft safety standards across jurisdictions.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (39.001(1)). These directives are intended to ensure the continued safety and airworthiness of aircraft in line with the overarching goals of the Civil Aviation Act 1988 (section 98). The ADs are formal, regulatory instruments that serve as legally binding mandates for aircraft owners and operators. Subregulation 39.001(5) further clarifies that these directives are disallowable instruments, as defined under section 46A of the Acts Interpretation Act 1901, and are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by the ADs require aircraft owners and operators to comply with the specified safety measures and maintenance protocols outlined in the directive. For instance, in the case of AD 2008-24-02 issued by the Federal Aviation Administration (FAA) for Maule Aerospace M-6 series aircraft, CASA has issued an Australian AD/ML-M6/3 to ensure the same safety standards are met within Australia. This includes detailed instructions for the inspection, maintenance, and potential modifications of the aircraft to address specific safety concerns. The State of Registry, which in this case is Australia, must ensure that all aircraft registered within its jurisdiction comply with these ADs. CASA, acting as the national airworthiness authority, must enforce these regulations to maintain the safety standards set by the State of Design, which in this context is the United States.
Failure to comply with the ADs can lead to significant legal and safety consequences. Non-compliance may result in civil or criminal penalties, depending on the severity of the breach. For example, if an aircraft is operated without the necessary modifications or inspections specified in an AD, it could be deemed unsafe and potentially grounded by CASA. In more severe cases, individuals or entities found guilty of deliberately ignoring ADs could face substantial fines or imprisonment. The exact penalties are stipulated in the Civil Aviation Act 1988 and can vary based on the nature and impact of the non-compliance. Additionally, the safety of passengers and crew could be compromised, leading to broader legal and ethical repercussions for those responsible.