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 55/98 Amendment 1 to correct an unsafe situation on Beechcraft 55, 58 and 95-55 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 55/98 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 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 established to mandate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain aircraft safety. The AD/BEECH 55/98 Amendment 1, issued by CASA, addresses an unsafe condition identified in certain Beechcraft 55, 58, and 95-55 series aircraft. This amendment corrects an issue with the forward elevator cable, which could cause the elevator to remain in a full ‘down’ position due to system spring tension, potentially leading to loss of control. The amendment changes the inspection requirements and relies on manufacturers' instructions for continuing airworthiness to address the unsafe condition. This directive aims to ensure the safety of Australian-registered aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and as disallowable instruments under section 46A of the Acts Interpretation Act 1901, they are legislative instruments subject to review under the Legislative Instruments Act 2003. This regulatory framework is consistent with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, and the State of Registry as accountable for the airworthiness of individual aircraft. Consequently, when an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This legislative approach ensures that Australian aircraft meet both national and international safety standards, directly impacting the aviation industry and the conduct of entities operating within Australia’s jurisdiction. The exclusion of the need for a Regulatory Impact Statement for ADs underscores the urgency and specific nature of safety directives.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations that serve the interests of air navigation safety (section 98). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments as defined by section 6 of the Legislative Instruments Act 2003 (section 39.001(5)).
The obligations imposed by the ADs primarily fall on the State of Design and the State of Registry of the aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Conversely, the State of Registry must develop or adopt requisite measures to ensure the aircraft's continuing airworthiness. When an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements.
The AD/BEECH 55/98 Amendment 1 addresses an unsafe condition identified in Beechcraft 55, 58, and 95-55 series aircraft, specifically the potential failure of the forward elevator cable, which could lead to the elevator being stuck in the full 'down' position. The amendment rectifies this issue by removing the requirement to replace cables older than 15 years and altering the inspection protocols to a one-off inspection for aircraft that have not yet undergone this inspection. This change follows the manufacturer's instructions for continuing airworthiness and aligns with the Federal Aviation Administration Advisory Circular 43-13-1B. CASA has issued this AD due to the urgency of the situation, although limited consultation with the industry and the public has been undertaken. The AD becomes effective on 27 February 2012, replacing the previous version.
Failure to comply with the AD could result in severe consequences, given that the forward elevator control cable failure can lead to loss of control of the aircraft. While the Federal Aviation Administration of the United States has not yet acted to correct this unsafe condition, CASA has mandated this AD to address the issue on Australian aircraft. The Office of Regulatory Review has concluded that such ADs do not require a Regulatory Impact Statement. Additionally, the instrument is deemed compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms. The AD has been issued by the Executive Manager of the Standards Development and New Technology Division on behalf of CASA, in accordance with subsection 94(1) of the Act.