AD/CESSNA 340/4 Amdt 3 - Lower Wing Skin Rivets - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia and ensure the safety of air navigation. It empowers the Governor-General to make regulations under section 98 to serve these purposes. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. The AD/CESSNA 340/4 Amendment 3 affecting Cessna 340 aeroplanes, initially issued in 1977, has been cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation. The cancellation, effective from 24 September 2009, does not require consultation with the Australian public or a Regulatory Impact Statement. The AD was made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are critical for ensuring the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and serve as legislative instruments in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is governed by the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which is accountable for the ongoing airworthiness of individual aircraft. CASA, as the regulatory authority in Australia, has the responsibility to issue such directives, which align with the standards set by the International Civil Aviation Organization (ICAO). The cancellation of a specific AD, such as AD/CESSNA 340/4 Amendment 3 affecting Cessna 340 aeroplanes, reflects Australia’s adherence to international obligations under the Convention on International Civil Aviation, and is made without public consultation or the requirement of a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations that are in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are essential tools for maintaining the continuing airworthiness of aircraft, as they represent the common form of continuing airworthiness information required under Annex 8 to the Convention on International Civil Aviation. The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on ensuring the safety and airworthiness of aircraft. The State of Design, which is the country where the aircraft was designed, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered, to ensure that the aircraft meets airworthiness standards. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as the regulatory authority in Australia, must comply with these international obligations while issuing ADs that reflect Australia's responsibilities under the Convention on International Civil Aviation. The Act and Regulations also address the process of issuing and cancelling ADs. For instance, CASA issued AD/CESSNA 340/4 Amendment 3 in 1977 for Cessna 340 aeroplanes, but has since reviewed and cancelled this AD. The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required. The cancellation will take effect on 24 September 2009, and no replacement AD is necessary. The AD was issued by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance with ADs. While the specific penalties for breach are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs could lead to serious safety risks and potential legal consequences. Such consequences may include civil penalties, criminal charges, or both, depending on the severity of the breach and its impact on aviation safety. The exact nature and extent of these penalties would be governed by additional sections of the Act and relevant case law, which must be taken into account when advising clients on compliance with ADs.