CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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 State of Design issues an AD against 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 State of Design.
CASA raised AD/CESSNA 310/33 Amendment 1 in 1995 to correct an unsafe situation on Cessna 310 model aircraft. AD/CESSNA 310/33 imposes a retirement life on these aircraft to manage structural fatigue. Structural fatigue can also be managed by an inspection program, such as the Cessna Structural Inspection Document (SID) program. CASA has now amended AD/CESSNA 310/33 to Amendment 2 to encourage use of the Cessna SID program and to remove the life limit for those aircraft maintained to the SID. The State of Design for these types, the USA, has not yet taken action to address structural fatigue. AD/CESSNA 310/33 Amendment 2 will become effective on 21 December 2006. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public in amending this AD, because the amendment reduces the regulatory burden on industry and allows aircraft to remain in service well past the previous retirement life as long as it is maintained to the SID program.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.