AD/CESSNA 207/1 - Control Systems - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety, efficiency, and the orderly development of aviation. Under this Act, the Governor-General has the authority to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made pursuant to section 98 of the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments and must comply with the requirements of the Legislative Instruments Act 2003. CASA, acting as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and issuing relevant ADs to enforce necessary safety measures. The cancellation of Australian AD/CESSNA 207/1 for Cessna 207 aircraft, effective from 14 February 2008, exemplifies CASA's commitment to safety and international obligations under the Convention on International Civil Aviation.

Scope and Application

The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under the Act, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs apply to the continuing airworthiness of aircraft registered in Australia, ensuring compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, has the responsibility to ensure that Australian aircraft meet the necessary airworthiness criteria. The ADs serve to mandate specific requirements and actions to address safety issues identified by the State of Design. In the particular case of AD/CESSNA 207/1 affecting Cessna 207 aircraft, CASA has cancelled the directive as the unsafe condition no longer exists, reflecting Australia’s obligations under international conventions and without the need for public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations to ensure the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal instructions intended to address safety issues and ensure that aircraft continue to meet safety standards. It is important to note that, according to subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, an AD is considered a disallowable instrument. This means that it is subject to parliamentary scrutiny and can be disallowed by either House of Parliament. Additionally, under section 6 of the Legislative Instruments Act 2003, an AD is classified as a legislative instrument. The Act imposes specific obligations on both the State of Design and the State of Registry. The State of Design, which is the country where the aircraft is originally designed, has the primary responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing all necessary information to ensure the aircraft's continuing airworthiness to the States of Registry. Conversely, 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 within its jurisdiction. In Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design. If deemed appropriate, CASA is required to issue an Australian AD to enforce the requirements of the State of Design. Failure to comply with the ADs could result in serious consequences. Non-compliance with an AD may lead to the aircraft being deemed unairworthy, which could result in the aircraft being grounded and denied access to air services. In severe cases, non-compliance could lead to criminal or civil penalties. The exact nature and severity of the penalties would depend on the specific circumstances of the breach and would be determined by the relevant authorities. For instance, CASA could impose fines or other sanctions on aircraft operators who fail to comply with ADs. The Civil Aviation Safety Authority has issued and subsequently cancelled AD/CESSNA 207/1, which affected Cessna 207 aircraft. CASA assessed the directive and determined that the unsafe condition no longer existed, leading to the cancellation of the AD. This cancellation will become effective on 14 February 2008, and no replacement AD is required. It is important to note that this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and, as such, did not require consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. 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.