AD/ML-M7/4 - Elevator Controls

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations, which are intended to ensure the safety of air navigation, as highlighted in section 98. Complementing this, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reinforcing their legal standing. The objective of these provisions is to ensure that aircraft maintain their airworthiness in accordance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. This convention places the responsibility for continuing airworthiness on the State of Design, with the State of Registry ensuring compliance through the issuance of ADs. The Civil Aviation Act 1988, therefore, facilitates the implementation of these international standards within Australia’s aviation regulatory framework.

Scope and Application

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia, ensuring adherence to international standards and enhancing aviation safety. Specifically, under section 98 of the Act, the Governor-General has the authority to issue regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an airworthiness directive, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian airworthiness directive to enforce the requirements of the State of Design. For instance, in response to the Federal Aviation Administration's AD 2008-24-02 affecting Maule Aerospace M-7 series aircraft, CASA issued Australian AD/ML-M7/4, effective from 12 February 2009. Given the international nature of these directives, public consultation is not required, and the Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations that serve the Act’s objectives and aim to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) clarifies that ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. This process is further detailed in section 6 of the Legislative Instruments Act 2003. The obligations imposed by these regulations include that the State of Design—in this case, the United States for the Maule Aerospace M-7 series aircraft—must provide any necessary information to ensure the continuing airworthiness of the aircraft type. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of the aircraft type and must share any relevant information with the States of Registry. The State of Registry, which in this context is Australia, must then assess this information and, if deemed necessary, issue a corresponding AD to mandate the requirements of the State of Design. CASA, as Australia’s national airworthiness authority, has issued Australian AD/ML-M7/4 to address the AD 2008-24-02 issued by the Federal Aviation Administration (FAA) for the Maule Aerospace M-7 series aircraft. Given that the AD in question is issued in response to an AD raised by the relevant State of Design and because of Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public regarding this AD. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD has been issued by the Manager, Systems and New Technologies, within CASA’s Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. Breaching the requirements of an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be an offence, subjecting the offender to various penalties. The maximum penalties for contravening an AD can include substantial fines and, in some cases, imprisonment. Additionally, any aircraft found to be non-compliant with the AD may be grounded, which can have significant operational and financial repercussions for the aircraft owner or operator. The specific penalties and consequences depend on the nature and severity of the breach, and are enforced by CASA.