AD/CESSNA 400/83 - Up Elevator Stop Bolt - Inspection and Replacement - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the safety and efficiency of civil aviation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The Act was introduced to address the need for comprehensive and effective regulation of civil aviation to ensure the safety and efficiency of air navigation in Australia. The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, allow CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations mandate that CASA must ensure the continuing airworthiness of aircraft registered in Australia and may issue ADs in response to safety concerns identified by the State of Design. AD/CESSNA 400/83, affecting Cessna 425 model aircraft, was issued by CASA and subsequently cancelled due to the unsafe condition no longer existing, in accordance with Australia’s obligations under the Convention on International Civil Aviation. The cancellation of this AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued and managed within Australia. The Act applies to the Governor-General, the Civil Aviation Safety Authority (CASA), and all entities and individuals involved in the design, manufacture, and operation of aircraft in Australia. Specifically, CASA, as the national airworthiness authority, is responsible for assessing and issuing ADs to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set by the International Civil Aviation Organization (ICAO). These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued to address specific safety concerns identified with particular types of aircraft or aeronautical products, and they are made by authorised personnel within CASA, following the provisions outlined in the Act. Although ADs do not require a Regulatory Impact Statement, their issuance and cancellation are critical to maintaining the safety standards of Australian civil aviation, and they are made in line with Australia's international obligations under the Convention on International Civil Aviation.

Key Provisions

The Civil Aviation Act 1988, and particularly section 98, provides the legislative basis for the regulation of air safety in Australia, allowing the Governor-General to make regulations for air navigation safety. This is further implemented through the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are not only integral to ensuring the safety of aircraft but are also legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design of an aircraft type holds the primary responsibility for its continuing airworthiness, and any necessary information to maintain this must be provided to the State of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements ensuring the continuing airworthiness of individual aircraft, which CASA oversees as Australia’s national airworthiness authority. Under these provisions, CASA has the responsibility to assess information provided by the State of Design, and where necessary, issue Australian ADs to enforce the required safety measures. This was exemplified in the case of AD/CESSNA 400/83, which affected Cessna 425 model aircraft. Following the assessment of this AD, CASA decided to cancel it, as the unsafe condition it was addressing no longer existed. This cancellation was mandated by Australia’s obligations under the Convention on International Civil Aviation and became effective on 25 September 2008. Importantly, no replacement AD was required, as the underlying issue was no longer present. Given that the cancellation was due to international obligations rather than domestic safety concerns, no public consultation was undertaken. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The issuance and cancellation of ADs are carried out by authorised personnel within CASA, specifically the Manager, Systems and New Technologies in the Airworthiness Engineering Group. This process is conducted in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that all actions taken are within the legal framework and align with safety and regulatory requirements. The ADs, while binding, are designed to uphold the highest standards of air safety in Australia, reflecting both domestic and international commitments.