AD/CESSNA 188/19 - Fuel Line - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. One of its key provisions is the authority for the Governor-General to make regulations under section 98, which was exercised to create the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated under regulation 39.001, thereby addressing the need for maintaining the safety standards of aircraft and aeronautical products. The ADs serve as a legislative instrument, as outlined in the Legislative Instruments Act 2003, ensuring that Australia adheres to its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The cancellation of AD/CESSNA 188/19, affecting the Cessna 188 model aircraft, is a direct consequence of Australia's commitments under the Convention on International Civil Aviation. This action, taken by CASA and effective from 31 July 2008, was necessitated by the State of Design's responsibility for the continuing airworthiness of aircraft types, as outlined in Annex 8 of the Convention. The decision to cancel the AD without public consultation was justified by the Office of Best Practice Regulation, which determined that such directives do not require a Regulatory Impact Statement. The AD cancellation reflects CASA's commitment to upholding international standards while ensuring the safety of air navigation in Australia.

Scope and Application

The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the legal framework for ensuring the safety of civil aviation in Australia. Specifically, 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. These ADs are legislative instruments that are subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for providing information necessary for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the aircraft's airworthiness through its own regulations or adopted requirements. CASA, as the regulatory body, issues these directives to meet Australia's international obligations and domestic safety standards. The cancellation of a specific AD, such as AD/CESSNA 188/19 for Cessna 188 model aircraft, reflects CASA's ongoing commitment to safety and compliance with international conventions. This cancellation, effective from 31 July 2008, was made under the authority of the Act and does not require public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. Entities and parties governed by the Civil Aviation Act and the Civil Aviation Safety Regulations are required to adhere to the mandates set forth by these ADs. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, is tasked with the responsibility of ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to support this. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. CASA, acting on behalf of the Australian government, issues these directives and ensures compliance with international standards. Failure to comply with the directives issued under the Civil Aviation Act and the Civil Aviation Safety Regulations can result in legal and regulatory consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is understood that the Act and Regulations provide for enforcement measures that may include fines, legal action, and potential grounding of non-compliant aircraft. The maximum penalties for breaches can vary depending on the severity of the non-compliance and are determined by the relevant courts or tribunals. In the specific case of AD/CESSNA 188/19, which affected Cessna 188 model aircraft, CASA has reviewed and subsequently cancelled the directive due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation took effect on 31 July 2008, and no replacement AD was required. The decision to cancel the AD was made in accordance with subsection 84A(2) of the Act, by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA. Given the nature of this directive cancellation, no public consultation was deemed necessary, and it did not require a Regulatory Impact Statement.