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 50/34 Amendment 1 to correct an unsafe situation on Beechcraft 50 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 50/34 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, enacted by the Australian Parliament, was introduced to provide a comprehensive framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation, including the maintenance of airworthiness standards for aircraft and aeronautical products. Under section 98 of this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. In this context, the Civil Aviation Safety Regulations 1998 were established to provide further detail on safety requirements, including the issuance of airworthiness directives (ADs). These directives are legislative instruments used to address safety issues with specific types of aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs when necessary to mandate safety measures, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework is designed to align with international standards and practices as outlined in the Convention on International Civil Aviation, particularly through the issuance of ADs to correct unsafe conditions and maintain the highest safety standards in the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and they are essential for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing ADs to mandate safety requirements when necessary. For instance, AD/BEECH 50/34 Amendment 1 was issued to address an unsafe condition on Beechcraft 50 series aircraft where failure of the forward elevator cable could lead to loss of control. This particular AD amends previous requirements, removing the necessity to replace cables over 15 years old and changing ongoing inspections to a one-off inspection for aircraft where such inspections have not yet been conducted. The directive reflects updated instructions from the manufacturer and is set to become effective on 27 February 2012, superseding the previous AD. While CASA has undertaken some consultation with the industry and the public, the urgency of the safety issue necessitated immediate action without delay.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, under section 98 of the Civil Aviation Act 1988. These directives serve as critical instruments in ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, and the State of Registry must implement measures to maintain airworthiness, which CASA must review and potentially mandate with Australian ADs when necessary.
The obligations imposed by these regulations on parties include ensuring that aircraft remain airworthy through adherence to ADs issued by CASA. Operators and owners of affected aircraft must comply with the requirements specified in the ADs, such as the one for Beechcraft 50 series aircraft, which mandates a one-off inspection for the forward elevator cable to prevent unsafe conditions. CASA’s role includes assessing the need for ADs, issuing them when required, and ensuring that the aviation industry and public are informed of these directives in a timely manner. Operators must act promptly to implement the mandated inspections and follow the technical instructions provided by CASA or the manufacturer to maintain the airworthiness of their aircraft.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988 and related regulations, non-compliance can result in civil penalties, such as fines, or criminal charges, particularly if the failure leads to an accident or incident. The specific penalties are not detailed in the provided text, but the potential for such sanctions underscores the importance of adhering to ADs. CASA's authority to enforce these regulations ensures that safety standards are maintained, and any breaches can have significant legal repercussions for the parties involved.