AD/CRESCO/7 - Engine Mount Structure - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. In conjunction with the Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed provisions for the safety of aircraft and aeronautical products. The Act allows the Governor-General to make regulations that support the objectives of the Act, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, and CASA, as the national airworthiness authority, must assess and, if necessary, issue ADs based on information from the State of Design. This ensures that Australian aircraft meet the required safety standards as dictated by international conventions and agreements.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives serving as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations are integral to ensuring the safety of air navigation in accordance with the Civil Aviation Act 1988. ADs are primarily used by states to communicate necessary information for maintaining the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation. For aircraft registered in Australia, CASA, acting as the national airworthiness authority, must review and potentially issue corresponding ADs based on the directives issued by the aircraft's State of Design. In this context, CASA has cancelled Australian AD/CRESCO/7 following the cancellation of an equivalent New Zealand directive concerning Cresco aircraft, reflecting Australia's adherence to international civil aviation standards and ensuring that the specific safety issues addressed by the New Zealand AD have been adequately resolved through updated maintenance manuals. This process underscores the collaborative nature of international aviation safety management while maintaining stringent local regulatory standards.

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 specified kinds of aircraft or aeronautical products. An AD, as clarified in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Annex 8 to the Convention on International Civil Aviation assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. In the context of Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures compliance with international standards and maintains safety within the Australian aviation sector. For instance, when New Zealand, the State of Design for Cresco aircraft, cancelled NZ AD DCA/CRESCO/8, CASA assessed the situation and subsequently cancelled Australian AD/CRESCO/7, effective from 11 May 2006. This cancellation was due to the original unsafe condition being rectified by incorporating the necessary requirements into the Airworthiness Limitation section of the Cresco Maintenance Manuals, thus making a replacement AD unnecessary. Given the nature of this AD cancellation, which aligns with Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public was conducted. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Breaching the provisions of the Civil Aviation Safety Regulations 1998, such as failing to comply with an AD, can lead to significant civil and criminal consequences. Civil penalties may include fines up to a maximum of $126,000 for individuals and $630,000 for corporations, as stipulated by the Civil Aviation Act 1988. Additionally, CASA can impose administrative penalties, including the suspension or revocation of airworthiness certificates, which can severely impact an aircraft’s operational status. Criminal penalties may apply for serious breaches, leading to imprisonment for up to five years. These stringent measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft within Australia.