AD/CESSNA 206/65 - Alternate Static Air Source Valve

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for this purpose, with the overarching goal of maintaining the highest safety standards in civil aviation. Under this authority, the Civil Aviation Safety Regulations 1998 were created, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The process of issuing ADs is driven by the need to comply with Australia's obligations under the Convention on International Civil Aviation and to address safety concerns identified by the aircraft's State of Design. Given their international nature and the nature of the safety concerns they address, these ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance and are made in accordance with international obligations under the Convention on International Civil Aviation. The ADs apply to aircraft registered in Australia and are issued in response to ADs from the State of Design, in this case, the United States. The issuance of these ADs is a mandatory requirement under Annex 8 of the Convention, and no public consultation is necessary as they are a direct response to international obligations. The ADs listed in Schedule 1, which pertain to various Cessna aircraft series, were issued by CASA after assessing the relevant United States AD and will become effective on 13 May 2008. The authority to issue these ADs is exercised by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide the authority for the issuance of airworthiness directives (ADs) by CASA. These ADs are issued to ensure the continuing airworthiness of specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. As outlined in subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments. Under the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft through the development or adoption of relevant requirements. When a State of Design issues an AD, CASA is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. Entities governed by these regulations, including aircraft operators and maintenance providers, must comply with the ADs issued by CASA. This includes adhering to the specific requirements outlined in the ADs, which may involve modifications, inspections, or operational limitations. The ADs are designed to address safety concerns and ensure that aircraft continue to meet airworthiness standards. Operators and maintenance providers must implement any required actions within the specified timeframes to maintain the airworthiness of their aircraft. Failure to comply with the ADs can result in severe consequences, including grounding of the aircraft, fines, or other regulatory actions. Breaches of the ADs can result in significant penalties and consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to fines and imprisonment, with the specific penalties depending on the severity of the breach. For example, failure to comply with an AD can result in fines up to $275,000 for individuals and $1.375 million for corporations, as well as imprisonment for up to two years. Additionally, CASA may impose other sanctions such as suspension or revocation of airworthiness certificates, which can prevent an aircraft from being operated until the required compliance measures are taken. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.