Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/CESSNA 210/76 — Fuel Quantity Transmitter

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Under subsection 98 (5D) of the Act, a legislative instrument made under the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design.

The United States of America Federal Aviation Administration (FAA) issued AD 78‑26-12 affecting certain Textron Aviation (formerly Cessna) 210 series aeroplanes in 1978. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/CESSNA 210/35 in 1979 to mandate the requirements of FAA AD 78-26-12. A CASA review of AD/CESSNA 210/35 found that the AD was cancelled in 1980, however no justification for the cancellation could be found. As there are many examples of the aircraft type on the Australian register, and as the FAA AD remains current and pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/CESSNA 210/76 to reinstate requirements equivalent to FAA AD 78-26-12.

Documents Incorporated by Reference

FAA AD 78-26-12 provides instructions for detecting binding of fuel quantity transmitter float arms and ensuring proper operation of the fuel quantity indicating system. For subsection 98 (5D) of the Act, this technical document is incorporated by reference in the AD as it exists from time to time.  The technical document is freely available at the following internet address:

FAA AD 78-26-12

CASA AD/CESSNA 210/35 mandated the requirements of FAA AD 78-26-12. For subsection 98 (5D) of the Act, this technical document is incorporated by reference in the AD as in force on the day prior to its cancellation in 1980.  Because of the historical nature of the document, CASA no longer holds a copy of it and therefore cannot make it available. However, an aircraft operator need not hold a copy of the technical document as all it needs to do is interrogate its aircraft maintenance records to identify whether now cancelled CASA AD/CESSNA 210/35 was complied with.

Cessna Service Letter SE78-69 is mentioned in the AD to provide context, but is not incorporated by reference.

Consultation

As AD/CESSNA 210/76 is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 3 September 2021.

[Instrument number AD/CESSNA 210/76]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/CESSNA 210/76 — Fuel Quantity Transmitter

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The United States of America Federal Aviation Administration (FAA) issued AD 78‑26-12 affecting certain Textron Aviation (formerly Cessna) 210 series aeroplanes in 1978. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/CESSNA 210/35 in 1979 to mandate the requirements of FAA AD 78-26-12. A CASA review of AD/CESSNA 210/35 found that the AD was cancelled in 1980, however no justification for the cancellation could be found. As there are many examples of the aircraft type on the Australian register, and as the FAA AD remains current and pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/CESSNA 210/76 to reinstate requirements equivalent to FAA 78-26-12.

The primary purpose of this legislative instrument is to mandate requirements equivalent to FAA AD 78-26-12.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority