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/BEECH 33/48 Amendment 1 to correct an unsafe situation on Beechcraft Debonair/Bonanza series aircraft. Failure of the forward elevator cable can place the elevator firmly in the full ‘down’ position due to system spring tension.
This amendment removes the requirement to replace cables over 15 years old, and changes the ongoing inspections to a one off inspection for those aircraft where the inspection has not previously been carried out. This amendment follows publication of instructions for continuing airworthiness (ICA) by the manufacturer. It is considered in regard to control cable inspections identified in this AD that adherence to the manufacturers ICA or those contained with Federal Aviation Administration Advisory Circular 43-13-1B will provide the means to address the unsafe condition identified in this AD. The amended AD, AD/BEECH 33/48 Amendment 1, will become effective on 27 February 2012. This AD cancels and replaces the previous issue.
The Federal Aviation Administration of the United States of America has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has had limited consultation with the Australian industry and public, however due to the urgency of the situation it is necessary that immediate action is taken. Failure of the forward elevator control cable can lead to loss of control of the aircraft.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Executive Manager, Standards Development and New Technology Division on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to establish a regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) to address safety concerns. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are critical in maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. CASA has issued AD/BEECH 33/48 Amendment 1 to address an unsafe situation concerning the forward elevator cables on Beechcraft Debonair/Bonanza series aircraft, correcting previous inspection requirements and ensuring adherence to the manufacturer's instructions for continuing airworthiness. This amendment follows urgent safety concerns and has been made in consultation with relevant stakeholders, despite the limited consultation period due to the immediacy of the issue.
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) concerning specific types of aircraft or aeronautical products. This regulation is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, with the State of Design bearing the primary responsibility for providing necessary information to ensure this, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate and, when necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process was exemplified in the issuance of AD/BEECH 33/48 Amendment 1, which addresses an unsafe condition on Beechcraft Debonair/Bonanza series aircraft, correcting an issue with the forward elevator cable that could lead to loss of control. The amendment modifies the inspection requirements for these aircraft, aligning with the manufacturer's instructions for continuing airworthiness, and is set to become effective on 27 February 2012. The urgency and safety implications of this directive underscore the necessity for immediate regulatory action, despite limited consultation with the industry and public.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901, and are subject to disallowance as specified in the Legislative Instruments Act 2003.
The ADs serve as a crucial means for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design bears the responsibility for the airworthiness of a particular aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue corresponding ADs for aircraft registered in Australia. This process ensures that all Australian aircraft meet the required safety standards.
In this specific instance, CASA issued AD/BEECH 33/48 Amendment 1 to address an unsafe condition on Beechcraft Debonair/Bonanza series aircraft. The original issue required the replacement of cables older than 15 years, but this amendment changes the requirement to a one-time inspection for aircraft that have not yet undergone such inspections. This change follows the manufacturer's instructions for continuing airworthiness and the Federal Aviation Administration Advisory Circular 43-13-1B. The amendment aims to mitigate the risk of the forward elevator cable failure, which could lead to a loss of control of the aircraft.
The AD imposes specific obligations on the aircraft operators, mandating compliance with the new inspection requirements. Failure to adhere to these requirements could result in the aircraft being deemed unairworthy, potentially leading to severe safety risks. Although the United States has not yet addressed this issue, the urgency and safety concerns prompted CASA to act promptly. Despite limited consultation with the industry and public, CASA has determined that immediate action is necessary to ensure the safety of the affected aircraft in Australia.
Failure to comply with the AD could result in serious safety violations and potential penalties. Although the specific penalties are not detailed in the provided text, non-compliance with ADs can lead to enforcement actions, including fines and potential grounding of the aircraft. It is crucial for aircraft operators to adhere to these directives to maintain airworthiness and ensure the safety of all passengers and crew.