AD/CESSNA 206/7 - Control Systems - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. One of its key provisions allows the Governor-General to make regulations under section 98, which are designed to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, further detail how the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry is responsible for the airworthiness of individual aircraft. The AD/CESSNA 206/7 affecting Cessna 206 aircraft, issued by CASA, has been cancelled following a review, as the unsafe condition it was addressing no longer exists. This cancellation was made in accordance with the legislative framework, without the need for 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, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby contributing to the safety of air navigation as mandated by the Civil Aviation Act 1988. These directives are issued to ensure the continuing airworthiness of aircraft registered within Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the manufacturer, bears the primary responsibility for providing necessary information to ensure an aircraft type's airworthiness, while the State of Registry, in this case CASA, must implement or adopt the requirements stipulated by these directives. The ADs serve as a legislative instrument, subject to disallowance and regulatory scrutiny, and their issuance is guided by international standards and Australian obligations under the Convention on International Civil Aviation. The application of these regulations extends to all aircraft types registered in Australia, impacting aircraft manufacturers, operators, and regulatory bodies within the Commonwealth jurisdiction.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) together form the legislative framework governing civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003. Under the Civil Aviation Act 1988 and CASR, specific obligations are placed on the parties governed by the legislation. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of that aircraft type, as per Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to ensure the aircraft's continuing airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In Australia, CASA acts as the national airworthiness authority, assessing information from the State of Design and issuing Australian ADs as needed to mandate the requirements of the State of Design. The legislation imposes penalties and consequences for breaches of its provisions. However, in the context of ADs, the primary focus is on ensuring the safety and airworthiness of aircraft rather than imposing punitive measures. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD. For example, CASA issued AD/CESSNA 206/7 for Cessna 206 aircraft, which was later cancelled due to the unsafe condition no longer existing. The cancellation of AD/CESSNA 206/7 became effective on 14 February 2008, with no replacement AD required. Given that the AD was cancelled due to Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public took place, and a Regulatory Impact Statement was not deemed necessary by the Office of Best Practice Regulation. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.