AD/CESSNA 337/19 - Bench Seat Back Emergency Operation and Placard - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and overall airworthiness management, empowers the Governor-General to create regulations under section 98. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs, being legislative instruments under the Legislative Instruments Act 2003, serve as a mechanism to maintain the continuing airworthiness of aircraft as per international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation. The AD/CESSNA 337/19, originally issued in 1974 by CASA, has now been cancelled effective 24 September 2009 due to Australia’s obligations under the Convention, thereby eliminating the need for public consultation or a Regulatory Impact Statement. This cancellation was executed by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with the authority conferred by the Act.

Scope and Application

The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia and empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are critical for ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry of an aircraft bear primary responsibilities under international aviation agreements, with the State of Registry, in this case CASA, ensuring compliance with airworthiness standards. The issuance and cancellation of ADs, such as AD/CESSNA 337/19 for Cessna 337 series aeroplanes, are pivotal in maintaining safety standards, and the cancellation of such directives reflects Australia's adherence to international obligations without necessitating public consultation or a Regulatory Impact Statement. The AD cancellation is issued by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with the Act's provisions.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) under section 98 of the Act (1). The Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998 (2). Importantly, subregulation 39.001(5) specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments under section 6 of the Legislative Instruments Act 2003 (3). This means ADs carry the same legal weight as other legislative instruments and must be made in accordance with the appropriate procedures. Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design of an aircraft type holds the primary responsibility for the continuing airworthiness of that aircraft type (4). This includes providing necessary information to the States of Registry to ensure the aircraft's ongoing airworthiness. Similarly, 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 registered within its jurisdiction (5). These obligations underscore the international collaborative effort required to maintain the safety and airworthiness of aircraft across borders. The AD/CESSNA 337/19 issued by CASA or its predecessors in 1974, which affected Cessna 337 series aeroplanes, has been reviewed and subsequently cancelled (6). The cancellation of this AD will take effect on 24 September 2009, and no replacement AD is required as a result of Australia’s obligations under the Convention on International Civil Aviation (7). Given the nature of this cancellation, no consultation with the Australian public was deemed necessary, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement (8). In terms of enforcement, any breach of the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may lead to various penalties. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is generally understood that violations of aviation safety regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the serious nature of ensuring aviation safety and airworthiness. The exact penalties would depend on the specific nature and severity of the breach.