AD/CESSNA 210/53 - Oxygen Indicator Lights - Modification - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms through which the Act achieves this is by empowering the Governor-General to make regulations that safeguard air navigation. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to further delineate the responsibilities and procedures for maintaining airworthiness, among other safety regulations. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments that serve to mandate safety measures and are issued in accordance with Australia's international obligations under the Convention on International Civil Aviation. The policy objective is to ensure the continuing airworthiness of aircraft registered in Australia, thereby protecting public safety and maintaining high standards of aviation safety in line with international norms.

Scope and Application

The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation, in line with international standards set by the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia and their respective States of Design and Registry, ensuring compliance with continuing airworthiness requirements. The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In the case of AD/CESSNA 210/53, CASA has cancelled the directive for Cessna 210 aircraft, reflecting the resolution of the unsafe condition identified, effective from 10 April 2008. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with the authority granted by the Act.

Key Provisions

The Civil Aviation Act 1988 provides the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that support the Act's objectives, particularly concerning the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers 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 outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is responsible for the individual aircraft, must then develop or adopt requirements to ensure the continuing airworthiness of that aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. CASA has recently assessed and subsequently cancelled AD/CESSNA 210/53, which affected Cessna 210 aircraft. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and the cancellation will take effect on 10 April 2008. Importantly, no replacement AD is required because the unsafe condition addressed by the directive no longer exists. Given the nature of this cancellation, no public consultation was conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. Violating airworthiness directives can result in serious consequences. The Civil Aviation Safety Regulations 1998 impose strict obligations on aircraft operators and other relevant parties to comply with ADs. Failure to adhere to an AD can lead to civil penalties, including fines, and criminal penalties for more severe violations. For instance, under section 90 of the Civil Aviation Act 1988, an individual found guilty of a civil penalty offence can be fined up to $21,000 for a basic offence, with higher penalties for corporations. Additionally, section 84A of the Act empowers CASA to take enforcement actions, including grounding non-compliant aircraft, to ensure compliance with safety regulations.