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 has raised AD/CESSNA 550/16 Amendment 1 in respect of CESSNA 550/551 (Citation II) series aircraft to update the revision status of the applicable Cessna Service Bulletin and to include reference to the applicable State of design Airworthiness Directive.
As this amendment represents an improvement to the presentation of the previous issue of this AD (effective 1989) and no technical changes have been made, operators are not affected by the content. As there are 20 examples of the Cessna 550/551 and aircraft on the Australian register CASA has developed this amendment to better reflect the requirements of the State of design. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment. AD/CESSNA 550/16 Amdt 1 will become effective on 25 March 2010. This AD cancels and replaces the previous issue.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including those concerning airworthiness directives, for the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This legislative mechanism ensures that the State of Registry, such as CASA in Australia, can mandate continuing airworthiness requirements for aircraft registered in Australia, thereby aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain and improve the safety of air navigation through effective regulation and enforcement of airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of civil aviation safety in Australia, with a particular emphasis on the continuing airworthiness of aircraft. Specifically, section 98 of the Act empowers the Governor-General to enact regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that all stakeholders, including aircraft operators and maintenance providers, adhere to stringent safety standards and procedures. Geographically, the Act and its regulations apply nationally, extending CASA's authority across all states and territories of Australia. However, the scope of ADs is also influenced by international standards under Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities between States of Design and States of Registry. In the case of AD/CESSNA 550/16 Amendment 1, CASA has issued an updated directive to align with the State of Design's requirements, reflecting an administrative update rather than a change in safety standards. This amendment, which becomes effective on 25 March 2010, affects the 20 Cessna 550/551 aircraft registered in Australia by clarifying the revision status of relevant service bulletins.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 underpins this authority, ensuring that the regulations are made in the interest of air navigation safety. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued with the necessary authority and oversight.
The obligations imposed by the AD/CESSNA 550/16 Amendment 1 revolve around ensuring that the 20 Cessna 550/551 aircraft on the Australian Register comply with the latest airworthiness requirements as stipulated by the State of Design. CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD that mandates the required actions. This involves updating the revision status of the applicable Cessna Service Bulletin and referencing the State of Design’s AD. Operators of these aircraft must adhere to the new AD, which cancels and replaces the previous version, to maintain the continuing airworthiness of their aircraft.
Failure to comply with the requirements set out in the AD/CESSNA 550/16 Amendment 1 could result in significant consequences. Although the amendment does not introduce new technical changes, it is essential for operators to follow the updated directives to ensure safety standards are maintained. CASA has not identified any immediate safety issues with this amendment, but non-compliance could lead to regulatory scrutiny and potential enforcement actions. CASA's authority to issue ADs is crucial in maintaining the high safety standards required in civil aviation, and operators must be diligent in their adherence to these directives.
While the AD/CESSNA 550/16 Amendment 1 does not incur specific penalties outlined within the text, the overarching legislation allows for potential enforcement measures. Under the Civil Aviation Act 1988, CASA has the power to take action against operators who fail to comply with airworthiness directives. This could include fines, suspension of airworthiness certificates, or other regulatory actions deemed necessary to ensure compliance and safety. Additionally, the regulatory impact statement requirement has been waived by the Office of Regulatory Review, indicating that this amendment is not expected to have significant economic or administrative consequences. Nonetheless, the importance of adhering to ADs cannot be overstated, as they are integral to maintaining the safety and airworthiness of aircraft operating in Australian airspace.