AD/CESSNA 150/22 Amdt 2 - Alternator Field Circuit Breaker - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the regulation of civil aviation within Australia. The Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which were made under the authority of the Act and further specify the mechanisms for maintaining the safety and airworthiness of aircraft. One such mechanism is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In accordance with Annex 8 to the Convention on International Civil Aviation, CASA has the responsibility to issue such directives to maintain the continuing airworthiness of aircraft types registered within Australia. CASA, acting under the authority conferred by the Act, has recently cancelled an existing airworthiness directive affecting Cessna 150 and 152 models, effective from 31 July 2008, due to Australia’s international obligations. The cancellation of this directive did not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation has been implemented by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products. These directives are integral to ensuring the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of individual aircraft, and these regulations mandate the development or adoption of requirements to ensure such airworthiness. The issuance of ADs is a legislative instrument and a disallowable instrument under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, respectively. Notably, the cancellation of AD/CESSNA 150/22, affecting Cessna 150 and 152 models, exemplifies the application of these regulations, with the cancellation taking effect on 31 July 2008, as per Australia’s obligations under the Convention on International Civil Aviation. This cancellation does not require public consultation or a Regulatory Impact Statement, reflecting the specific administrative processes involved in such regulatory actions.

Key Provisions

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, with particular focus on the continuing airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Safety Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. Under these provisions, CASA is tasked with ensuring that aircraft and aeronautical products meet the necessary safety standards. For example, CASA issued AD/CESSNA 150/22 for Cessna 150 and 152 model aircraft, which has since been reviewed and subsequently cancelled by CASA, effective from 31 July 2008. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with overall responsibility for the continuing airworthiness of aircraft types. The obligations imposed by the Act and Regulations require CASA to monitor and manage the airworthiness of aircraft through ADs. CASA must also ensure that the State of Registry of an aircraft develops or adopts requirements to maintain the continuing airworthiness of those aircraft. This includes ensuring that ADs are issued, reviewed, and updated as necessary to reflect the latest safety standards and requirements. Failure to comply with these regulations can lead to significant civil and criminal consequences. The Act and Regulations do not explicitly state penalties for non-compliance with ADs, but breaches of similar regulatory provisions can result in substantial fines and, in serious cases, imprisonment. For instance, under section 21 of the Act, an individual who recklessly engages in conduct that endangers an aircraft can be fined up to $100,000 or imprisoned for up to 5 years, or both. Similarly, corporations can face fines of up to $500,000 for such offences. These penalties underscore the seriousness with which the Act treats non-compliance with airworthiness directives and the overarching commitment to aviation safety.