AD/TSA-600/34 - Hydraulic System Internal Leak Check - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a comprehensive framework to ensure the safety of air navigation within Australia. The Act empowers the Governor-General to create regulations under section 98, which include the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory mechanism is essential for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. The objective of these directives is to ensure that aircraft remain safe and airworthy, thereby protecting public safety and maintaining international standards. The Civil Aviation Safety Authority, acting under the authority conferred by the Act, has the responsibility to issue and manage these directives, which are considered legislative instruments under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Act 1988 applies to various entities and individuals involved in civil aviation within Australia. This includes aircraft operators, manufacturers, and maintenance providers, as well as personnel such as pilots and engineers, who must adhere to regulations set forth to ensure the safety of air navigation. The Act also applies to the Civil Aviation Safety Authority (CASA), which is responsible for implementing and enforcing the regulations. The geographic reach of this legislation is national, as it pertains to all civil aviation activities within Australia. The Civil Aviation Safety Regulations 1998, which include the issuance of airworthiness directives, extend this regulatory framework to cover specific conduct and transactions related to aircraft maintenance and operation. The application of the Act is not restricted by geographic boundaries, but rather it applies across the entire Commonwealth. Exclusions and exemptions within these regulations are typically outlined in specific sections and are subject to interpretation and clarification by CASA. The Act may also extend or restrict its application through subordinate instruments, such as the airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft and are issued in compliance with international standards set by the Convention on International Civil Aviation.

Key Provisions

Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations that serve the interests of air navigation safety. This legislative power enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the ongoing airworthiness of an aircraft type, which includes providing necessary information to ensure that the type remains airworthy to the appropriate States of Registry. ADs are the primary means through which this information is disseminated, and they are issued by most ICAO Contracting States. Concurrently, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of that aircraft, as mandated by Annex 8. CASA or its predecessors had previously issued AD/TSA-600/34, which affected Aerostar aircraft. After review, CASA has decided to cancel this AD, with the cancellation becoming effective on 4 June 2009. Importantly, no replacement AD is required as a result of this cancellation. Because the cancellation is due to Australia’s obligations under the Convention on International Civil Aviation, there has been no consultation with the Australian public regarding this specific AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. The regulatory framework ensures that any actions taken by CASA are in accordance with legislative mandates, aiming to maintain and enhance aviation safety standards.