AD/TSA-600/10 - Pilot and Passenger Seat Cushion Diaphragm - Inspection and Modification - CANCELLED

Overview

The Civil Aviation Act 1988, enacted to provide a framework for ensuring the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations aimed at maintaining air navigation safety. Within this legislative framework, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft and are a common practice among International Civil Aviation Organization (ICAO) Contracting States. Under these regulations, ADs are classified as disallowable instruments, thereby constituting legislative instruments under the Legislative Instruments Act 2003. In line with its obligations under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft, CASA has issued and subsequently cancelled AD/TSA-600/10 for Aerostar aircraft. This cancellation, effective from 4 June 2009, aligns with Australia's international commitments and does not necessitate a Regulatory Impact Statement or public consultation. The decision to cancel the AD was executed by the Manager, Airframe and Structures in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act.

Scope and Application

The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft and aeronautical products within Australia, ensuring adherence to safety standards set forth by the Civil Aviation Act 1988 and the Convention on International Civil Aviation. The ADs serve as a means for CASA to maintain the continuing airworthiness of aircraft and aeronautical products, fulfilling the obligations of the State of Registry as stipulated by Annex 8. Although ADs are legislative instruments, they do not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. CASA has the authority to issue, review, and cancel these directives, as demonstrated by the recent cancellation of AD/TSA-600/10 for Aerostar aircraft, effective from 4 June 2009, due to Australia’s obligations under international conventions. This cancellation does not necessitate a replacement AD, reflecting the dynamic nature of aviation safety regulations and the commitment to international standards.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument (subsection 84A(2)) and are essential for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide any necessary information to the appropriate State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA or its predecessors issued AD/TSA-600/10 affecting Aerostar aircraft, but this AD has been subsequently reviewed and cancelled by CASA. The cancellation of this AD became effective on 4 June 2009 and no replacement AD is required. The cancellation of AD/TSA-600/10 was carried out in accordance with Australia's obligations under the Convention on International Civil Aviation, and therefore no consultation with the Australian public has taken place regarding this AD cancellation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. There are specific obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA, the State of Design, and the State of Registry. The State of Design must provide any necessary information to the State of Registry to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as the regulatory authority, is responsible for issuing ADs and ensuring compliance with airworthiness regulations. Failure to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties. The Act and Regulations provide for various offences, including those related to the issuance of ADs and the maintenance of airworthiness. However, the text does not specify the maximum penalties for breach of these provisions. It is essential for parties and entities governed by the Act and Regulations to adhere to the obligations and requirements imposed to avoid potential legal consequences.