AD/CESSNA 400/113 - Avionics Bus Circuit Breaker Switch

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. This legislative instrument is a disallowable one, as stated in the Acts Interpretation Act 1901, and is thus subject to the scrutiny of the Legislative Instruments Act 2003. The Civil Aviation Act 1988, through CASA, facilitates compliance with international standards set forth by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. This is critical in ensuring that aircraft operating within Australia meet international safety benchmarks and that Australian authorities respond appropriately to directives issued by the States of Design.

Scope and Application

The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act applies to all aircraft and aeronautical products registered in Australia, imposing obligations on aircraft owners, operators, and other relevant entities to ensure compliance with ADs. ADs are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which mandates CASA’s authority to issue these directives to ensure the continuing airworthiness of aircraft and aeronautical products. The scope of these directives extends nationally, affecting all entities involved in the operation and maintenance of aircraft within Australia. ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are issued in response to international obligations under the Convention on International Civil Aviation, particularly when a State of Design issues an AD for a type of aircraft registered in Australia. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing corresponding Australian ADs to ensure compliance with international safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the necessity for swift compliance to maintain international aviation safety standards.

Key Provisions

The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to enact regulations intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are a formal means of maintaining the airworthiness of aircraft and aeronautical products. The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act upon airworthiness directives issued by the State of Design. The State of Design, which in the case of the Cessna 400 series aircraft is the United States, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. Upon receiving such information, CASA must assess it and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the airworthiness of individual aircraft registered in Australia meets international standards and complies with the regulations set forth by the State of Design. Failure to comply with the requirements set out in an airworthiness directive can result in serious consequences. Non-compliance may lead to civil or criminal penalties, depending on the severity of the breach. Under the Civil Aviation Act 1988, there are provisions that detail the potential penalties for non-compliance. For instance, civil penalties may include fines, while more severe breaches could result in criminal charges, which could lead to imprisonment. The maximum penalties are specified in the regulations and can vary based on the nature and extent of the breach. The issuance of an airworthiness directive, such as AD/CESSNA 400/113, is not subject to public consultation because it is issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and in response to a directive from the relevant State of Design. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD is issued by the Manager, Systems and New Technologies, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. This process ensures that the AD is issued in a timely and efficient manner to maintain the safety and airworthiness of the affected aircraft.