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 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 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 legislative framework ensuring the safety, efficiency, and orderly development of civil aviation in Australia. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft registered in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue ADs for kinds of aircraft or aeronautical products, ensuring compliance with international standards. The Civil Aviation Safety Regulations 1998 are made under section 98 of the Civil Aviation Act 1988, reflecting the overarching objective to ensure the safety of air navigation. The AD/BEECH 35/74 issued by CASA aims to address the unsafe condition of forward elevator cables in Beechcraft 35 series aircraft, which can lead to loss of control. CASA has acted promptly to issue this AD due to the urgency of the situation, recognising the need for immediate action despite limited consultation. This directive mandates inspections and replacements of cables over 15 years old, ensuring the continuing airworthiness of these aircraft in accordance with international obligations and Australian safety standards.
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) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as stated under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory framework ensures that CASA, acting as Australia’s national airworthiness authority, can address unsafe conditions that may arise in aircraft types registered in Australia. When an AD is issued by a State of Design, CASA must evaluate the information and, if necessary, mandate the same requirements through an Australian AD to maintain the continuing airworthiness of aircraft registered in Australia. The urgency of addressing such safety concerns is underscored by the requirement for immediate inspections and corrective actions, as illustrated in AD/BEECH 35/74, which targets a critical issue with the forward elevator cable on Beechcraft 35 series aircraft. This directive mandates the replacement of cables over 15 years old and ongoing inspections to prevent potential loss of control, reflecting CASA’s commitment to ensuring aviation safety within Australia. The legislative process ensures compatibility with human rights and freedoms, as confirmed by the Office of Regulatory Review, which has determined that such directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to issue regulations for the Act's purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products (subsection 39.001(5)). These ADs, being legislative instruments, must adhere to the requirements set out in the Legislative Instruments Act 2003.
The ADs are crucial for maintaining the continuing airworthiness of aircraft. As per Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, which necessitates the provision of necessary information to States of Registry to ensure safety. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess this information and, if necessary, issue corresponding ADs. This is particularly pertinent when a State of Design issues an AD against a type of aircraft registered in Australia, as CASA must then issue an Australian AD to mandate the requirements of the State of Design.
The AD/BEECH 35/74 issued by CASA pertains to the Beechcraft 35 series aircraft and aims to address an unsafe condition identified with the forward elevator cable. The failure of this cable can cause the elevator to remain in a full ‘down’ position due to system spring tension, which poses a significant risk of loss of control of the aircraft. The AD mandates an immediate inspection of the forward elevator cable and the replacement of cables older than 15 years. Additionally, it requires ongoing inspections of the entire elevator control system to prevent unanticipated failures of the elevator flight control system.
Failure to comply with the AD could lead to serious safety breaches, as underscored by the urgent need for action despite limited consultation with the Australian industry and public. The Federal Aviation Administration of the United States of America has not yet addressed this issue, but CASA has recognised its importance given the presence of several Beechcraft 35 series aircraft on the Australian register. Regulatory oversight ensures that these directives are enforced strictly, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Non-compliance with the AD could result in severe consequences, including potential loss of control of the aircraft, which is inherently dangerous and could lead to civil or criminal penalties under Australian law. The maximum penalties for breaches are not explicitly stated in the AD, but they may include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The AD is made 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.