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 Civil Aviation Safety Authority or its predecessors issued AD/RYAN/1B affecting all RYAN ST series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/RYAN/1B. The cancellation will become effective on
2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Airframe and Structures, 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 provide a legal framework for civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) to maintain the safety of aircraft. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with international standards. The authority to issue these directives stems from Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates that States of Registry adopt necessary measures to maintain airworthiness. The enactment of these regulations and directives is crucial in addressing gaps in aircraft safety and ensuring adherence to both national and international aviation standards.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are issued to ensure the continuing airworthiness of aircraft within Australia, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to maintain airworthiness, while the State of Registry, in this case CASA, ensures compliance with these directives. The AD/RYAN/1B, initially issued for all RYAN ST series aeroplanes, has been cancelled effective 2 July 2009 due to the resolution of the unsafe condition identified. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that according to subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued to maintain the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with the overarching responsibility for the airworthiness of an aircraft type.
Obligations under this Act and its regulations include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, which is typically communicated through ADs. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is mandated to assess the ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. The AD/RYAN/1B, issued by CASA, was an example of such an Australian AD affecting all RYAN ST series aeroplanes, which has since been cancelled due to the resolution of the unsafe condition it was intended to address.
There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of ADs within the text of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, the failure to comply with an AD can lead to severe consequences, including the potential grounding of aircraft, which could result in significant operational disruptions and financial losses for operators. Additionally, non-compliance could lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, and other regulatory measures. These consequences underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.