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 to correct an unsafe situation on Beechcraft 33 and 35-33 series aircraft. Failure of the forward elevator cable can place the elevator firmly in the full ‘down’ position due to system spring tension.
This Directive requires immediate inspection of the forward elevator cable and replacement for elevator cables over 15 years old. The AD requires continuing inspections of the entire elevator control system to preclude the unanticipated failure of the elevator flight control system which may result in loss of control of the aircraft.
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 to provide a comprehensive legal framework for civil aviation safety in Australia, addressing the need for stringent regulations to ensure the safety of air navigation. This Act empowers the Governor-General to create regulations that support the overarching objective of air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for such maintenance on the State of Design and the State of Registry. The recent AD/BEECH 33/48 issued by CASA to address an unsafe condition in Beechcraft 33 and 35-33 series aircraft exemplifies the practical application of these regulatory powers to ensure aviation safety in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. CASA issues these directives in response to safety concerns identified by the State of Design or other relevant authorities, mandating corrective actions to address identified unsafe conditions. This particular AD/BEECH 33/48 was issued to address an unsafe condition related to the forward elevator cable on Beechcraft 33 and 35-33 series aircraft, which can lead to loss of control. The AD requires immediate inspection and replacement of the elevator cables and ongoing inspections of the elevator control system. CASA has undertaken limited consultation with the industry and the public but deemed immediate action necessary due to the urgency of the safety issue.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, detailed in subregulation 39.001(5), are legislative instruments that must be assessed and, if necessary, adopted by CASA as Australia’s national airworthiness authority.
The obligations imposed by the ADs are primarily concerned with ensuring the continuing airworthiness of aircraft registered in Australia. CASA is tasked with assessing information provided by the State of Design and, if required, issuing Australian ADs to mandate specific requirements. For instance, AD/BEECH 33/48 has been issued to address an unsafe condition identified in Beechcraft 33 and 35-33 series aircraft. This directive mandates immediate inspection and replacement of the forward elevator cable, particularly for cables over 15 years old, to prevent the elevator from being locked in the full ‘down’ position, which could lead to loss of control. Furthermore, CASA requires ongoing inspections of the entire elevator control system to mitigate the risk of unanticipated failures.
Non-compliance with the ADs carries significant legal and safety consequences. Although the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is clear that failure to adhere to CASA’s ADs could result in severe civil or criminal penalties. This is particularly pertinent given the urgency and potential safety implications associated with AD/BEECH 33/48. CASA’s authority to issue these directives underscores the importance of timely and compliant action to maintain the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
The ADs, including AD/BEECH 33/48, have been crafted with the aim of ensuring that Australian-registered aircraft meet the necessary safety standards. The urgency of the situation, as evidenced by the limited consultation with the industry and public, highlights the necessity of immediate enforcement to protect the safety of aircraft and their occupants. This approach aligns with the overarching responsibility of the State of Registry to ensure the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. The ADs thus serve as a critical tool in CASA's efforts to uphold these safety standards within the Australian aviation sector.