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 36/54 Amendment 1 to correct an unsafe situation on Beechcraft 36 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 36/54 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 regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs are legislative instruments intended to maintain the safety standards set forth in international conventions, such as Annex 8 to the Convention on International Civil Aviation. This amendment to AD/BEECH 36/54, issued by CASA, addresses an unsafe condition identified in Beechcraft 36 series aircraft, specifically concerning the forward elevator cable. The amendment rectifies the requirement to replace cables over 15 years old and changes the inspection protocol to a one-off inspection for aircraft that have not previously been inspected. This action was taken in response to the manufacturer's instructions for continuing airworthiness, and it aims to prevent potential loss of control due to cable failure. The AD was issued with limited consultation but deemed necessary due to the urgency of the safety issue.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (All Aircraft) Regulations 2012, enacted under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, pertain to all aircraft registered in Australia, including fixed-wing and rotary-wing aircraft, and aeronautical products. These regulations mandate the airworthiness of aircraft and aeronautical products, ensuring that they meet safety standards. The regulations apply to aircraft operators, owners, and manufacturers within the Australian jurisdiction, with a specific focus on correcting unsafe conditions identified in the Beechcraft 36 series aircraft. The amendment to AD/BEECH 36/54 addresses the risk of forward elevator cable failure, which can lead to loss of control. This regulation is applicable nationally across Australia and aligns with international standards set by the International Civil Aviation Organization. It is noteworthy that while the Federal Aviation Administration of the United States has not yet issued a corresponding directive, CASA has taken proactive measures to ensure safety within its jurisdiction. The regulations do not specify exclusions but focus on mandating immediate safety measures for the identified unsafe condition. Any further clarification or extension of application is typically handled through subordinate instruments issued by CASA.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations ensure that CASA, as Australia’s national airworthiness authority, can mandate safety requirements derived from the State of Design and address any unsafe conditions affecting aircraft on the Australian register.
The obligations imposed by the Act and the regulations are clear and specific. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure safety. The State of Registry, which oversees individual aircraft, must adopt or develop requirements to maintain airworthiness. CASA, upon receiving information from the State of Design, must assess and, if necessary, issue an Australian AD to mandate the requirements. This process ensures that Australian aircraft meet international safety standards. CASA's duty to issue ADs like AD/BEECH 36/54 Amendment 1 demonstrates its commitment to addressing unsafe conditions promptly and effectively.
Failure to comply with the ADs issued by CASA can lead to significant civil and criminal consequences. The regulations do not explicitly state the penalties for non-compliance, but general aviation regulations and the Civil Aviation Act 1988 provide for fines and imprisonment. For instance, under section 31 of the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines up to the maximum prescribed by the regulations, and criminal penalties, including imprisonment for up to two years. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft or imposing operational restrictions, which can severely impact the operations of the aircraft owner or operator. The urgency and seriousness of the unsafe conditions addressed by ADs underscore the importance of compliance to prevent potential accidents and loss of control over affected aircraft.