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 35/74 Amendment 1 to correct an unsafe situation on Beechcraft 35 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 35/74 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 to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for clear and effective governance to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities of the Civil Aviation Safety Authority (CASA) in this regard, allowing CASA to issue ADs based on safety concerns. This legislative structure is designed to align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and States of Registry work collaboratively to maintain aircraft airworthiness. CASA’s role, as the national airworthiness authority, is critical in ensuring that Australian aircraft comply with these safety standards. In light of specific safety issues identified with Beechcraft 35 series aircraft, CASA issued AD/BEECH 35/74 Amendment 1 to address an unsafe condition related to the forward elevator cable, ensuring that Australian aviation maintains high safety standards despite international counterparts not yet taking corrective action.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are applicable to aircraft registered in Australia and are designed to address safety issues identified by the State of Design or as mandated by international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, evaluates information from the State of Design and may issue corresponding ADs to enforce airworthiness requirements on Australian aircraft. The ADs are legislative instruments subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The AD/BEECH 35/74 Amendment 1, for instance, was issued to address a safety issue on Beechcraft 35 series aircraft, altering the inspection requirements for the forward elevator cable to prevent unsafe conditions. The AD is effective from 27 February 2012 and has been deemed compatible with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011, with no engagement of applicable rights or freedoms.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, with the overarching goal of ensuring the safety of air navigation. ADs, as defined in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation.
In the context of the Civil Aviation Safety Regulations 1998, the State of Registry (in this case, Australia) is responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process was followed in the case of AD/BEECH 35/74 Amendment 1, which addresses an unsafe situation on Beechcraft 35 series aircraft.
Specifically, this AD pertains to the failure of the forward elevator cable, which can cause the elevator to lock in a full ‘down’ position due to system spring tension. The 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 such an inspection has not yet been carried out. This change is based on instructions for continuing airworthiness (ICA) provided by the manufacturer and aligns with Federal Aviation Administration Advisory Circular 43-13-1B. This AD is set to become effective on 27 February 2012 and supersedes the previous version.
Failure to comply with the requirements set out in AD/BEECH 35/74 Amendment 1 could lead to significant safety risks, including the potential loss of control of the aircraft. While CASA has engaged in limited consultation with the industry and the public, the urgency of the situation necessitated immediate action. The Office of Regulatory Review has confirmed that ADs such as this do not require a Regulatory Impact Statement. Moreover, the instrument is deemed compatible with human rights and freedoms as recognised or declared in international instruments, as per section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The AD was issued by the Executive Manager, Standards Development and New Technology Division on behalf of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988.