AD/CESSNA 210/76 Fuel Quantity Transmitter

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Legislation au F2021L01192 In force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation in Australia, providing a legal framework for the regulation of aviation activities, including the issuance of airworthiness directives. The authority to create these regulations stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations to implement the Convention on International Civil Aviation, particularly concerning safety. The Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, has the power to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. AD/CESSNA 210/76 is an airworthiness directive issued by CASA to reinstate requirements for the Textron Aviation (formerly Cessna) 210 series aeroplanes, aligning with the United States Federal Aviation Administration’s AD 78-26-12. This directive was necessitated by the historical cancellation of CASA AD/CESSNA 210/35, which had mandated the same requirements, without any documented justification for its cancellation. This legislative instrument aims to maintain the safety standards of these aircraft operating within Australia.

Scope and Application

The AD/CESSNA 210/76, which is part of the Civil Aviation Safety Regulations 1998, applies to all Textron Aviation (formerly Cessna) 210 series aeroplanes registered in Australia. This legislative instrument is issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, to ensure the continuing airworthiness of these aircraft types. It specifically reinstates the requirements equivalent to the United States of America Federal Aviation Administration's (FAA) Airworthiness Directive (AD) 78-26-12 issued in 1978. CASA issued AD/CESSNA 210/35 in 1979 to mandate the requirements of FAA AD 78-26-12, but it was cancelled in 1980 without justification. Given the presence of many Cessna 210 series aeroplanes on the Australian register and the continued relevance of FAA AD 78-26-12, CASA issued AD/CESSNA 210/76 to reinstate the equivalent requirements. The AD is applicable nationally and is a legislative instrument made under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, thereby extending or restricting application through subordinate instruments. The AD does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, thereby ensuring its compatibility with human rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (Act) provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure the continuing airworthiness of aircraft on the Australian register. Under section 98 of the Act, the Governor-General may make regulations for carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, and regulation 39.001 of the CASR allows CASA to issue ADs for a kind of aircraft or aeronautical product. Section 98(5B) and (5BA) of the Act state that an AD is a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product, while section 98(5D) allows a legislative instrument to apply, adopt, or incorporate any matter contained in any instrument or other writing as in force or existing from time to time. CASA has a responsibility to ensure the continuing airworthiness of aircraft on the Australian register, and must assess information from the State of Design, which in this case is the United States of America for the Textron Aviation (formerly Cessna) 210 series aeroplanes. The AD/CESSNA 210/76 mandates the requirements of the Federal Aviation Administration (FAA) AD 78-26-12, which provides instructions for detecting binding of fuel quantity transmitter float arms and ensuring the proper operation of the fuel quantity indicating system. The FAA AD 78-26-12 is incorporated by reference in the AD as it exists from time to time, and is freely available online. CASA AD/CESSNA 210/35, which mandated the requirements of FAA AD 78-26-12, was cancelled in 1980, but no justification for the cancellation could be found. AD/CESSNA 210/76 reinstates the requirements equivalent to FAA AD 78-26-12. Aircraft operators and owners must comply with AD/CESSNA 210/76 and ensure that the requirements are met. They must follow the instructions in FAA AD 78-26-12 to detect binding of fuel quantity transmitter float arms and ensure proper operation of the fuel quantity indicating system. Failure to comply with an AD is an offence under section 54 of the CASR, and may result in a civil penalty of up to $162,000 for an individual and $810,000 for a body corporate, or criminal penalties under section 26 of the Act, which may include imprisonment for up to two years or a fine of up to 500 penalty units (currently $83,000), or both. CASA may also take enforcement action, such as grounding an aircraft or suspending or cancelling an airworthiness certificate. In conclusion, AD/CESSNA 210/76 mandates the requirements of FAA AD 78-26-12 for certain Textron Aviation (formerly Cessna) 210 series aeroplanes on the Australian register. Aircraft operators and owners must comply with the AD and ensure that the requirements are met. Failure to comply with an AD is an offence and may result in civil or criminal penalties, and CASA may take enforcement action.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.