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 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 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to further refine and implement the legislative provisions, particularly concerning the safety of aircraft and aeronautical products. One specific issue addressed by these regulations is the requirement for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated under regulation 39.001. ADs are legislative instruments that mandate corrective actions to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The AD/BEECH 36/54, for example, was introduced by CASA to address an unsafe condition in Beechcraft 36 series aircraft, which could lead to loss of control if not corrected. This directive was necessitated by the failure of the forward elevator cable, which can cause the elevator to lock in a full down position. The policy objective here is to ensure the immediate safety of aircraft through timely and effective regulatory measures, despite limited consultation due to the urgency of the situation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are developed in response to identified unsafe conditions that could compromise the safety of air navigation. The AD/BEECH 36/54 is one such directive, issued to address an unsafe situation concerning the forward elevator cable on Beechcraft 36 series aircraft. This particular AD mandates immediate inspection and, if necessary, replacement of the forward elevator cable, especially for cables over 15 years old, as well as ongoing inspections of the entire elevator control system. The requirement arises from the risk of unanticipated failure leading to loss of control of the aircraft. The directive applies to all aircraft of the specified type registered in Australia, irrespective of their location within the Commonwealth. It is important to note that this AD does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and hence is compatible with human rights and freedoms. The AD has been 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.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make these regulations in the interest of air navigation safety. An AD is a legislative instrument as defined by the Legislative Instruments Act 2003. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements.
Under these regulations, CASA is tasked with ensuring the safety of aircraft operating in Australian airspace. The obligations include the immediate inspection and, if necessary, the replacement of the forward elevator cables on Beechcraft 36 series aircraft to prevent an unsafe condition. The AD mandates continuing inspections of the entire elevator control system to avoid unanticipated failures that could lead to loss of control of the aircraft. CASA must also consult with the industry and the public, although due to the urgency of the situation, immediate action was deemed necessary.
The regulations impose clear obligations on the operators of the affected aircraft. They must ensure that the forward elevator cable is inspected and replaced if it is over 15 years old. Ongoing inspections of the entire elevator control system are also required to prevent potential failures. Failure to comply with these ADs can lead to serious safety risks, including loss of control of the aircraft, which could result in severe consequences.
There are specific civil and criminal consequences for breaching the ADs. While the Civil Aviation Safety Regulations 1998 do not explicitly state maximum penalties, violations of CASA regulations can lead to enforcement actions. These can include fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. The severity of the penalties would depend on the nature and extent of the breach, but the overarching aim is to ensure compliance to maintain the highest safety standards in Australian aviation.