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 to correct an unsafe situation on Beechcraft 55, 58 and 98-55 series aircraft. Failure of the forward elevator cable can place the elevator firmly in the full ‘down’ position due to system spring tension.
This 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 establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of air navigation and aviation activities. One of the mechanisms through which the Act aims to maintain safety is via the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are crucial in maintaining the continuing airworthiness of aircraft by mandating specific safety measures when necessary. The problem or gap addressed by these regulations is the need to ensure that aircraft in operation meet specific safety standards, especially when design flaws or other issues arise that could compromise safety. CASA, as Australia's national airworthiness authority, works in conjunction with international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation, to issue ADs that reflect both international best practices and local safety requirements. The ADs are made by CASA under the authority granted by the Civil Aviation Safety Regulations 1998, and they serve to protect the public by ensuring that any unsafe conditions identified in aircraft are promptly addressed.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are legislative instruments, designed to ensure the safety of air navigation and to maintain the continuing airworthiness of aircraft registered in Australia. The ADs are primarily issued in response to safety concerns identified by the State of Design, and CASA, as Australia's national airworthiness authority, is mandated to assess this information and issue corresponding Australian ADs when necessary. The scope of these ADs applies to all aircraft registered in Australia, focusing on ensuring compliance with safety standards to prevent unsafe conditions that could lead to accidents. Exemptions or exclusions from these directives are not explicitly stated in the provided text, implying that they apply universally to the relevant aircraft types unless otherwise specified by CASA. The ADs extend their application through subordinate instruments, ensuring that all necessary safety measures are communicated and enforced within the Australian aviation industry.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs, as noted in subregulation 39.001(5), are legislative instruments that must adhere to the disallowance provisions set out in section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation, has the primary responsibility for ensuring the aircraft's continuing airworthiness and must provide necessary information to States of Registry, which in turn must develop or adopt requirements to maintain the airworthiness of aircraft within their jurisdiction.
The obligations placed on parties by these regulations include the requirement for the State of Registry to assess and act on ADs issued by the State of Design. CASA, as Australia's national airworthiness authority, must evaluate the information from these ADs and, if necessary, issue corresponding Australian ADs to ensure compliance with airworthiness standards. For example, CASA issued AD/BEECH 55/98 to address an unsafe condition identified in certain Beechcraft 55, 58, and 98-55 series aircraft. This AD mandates immediate inspection and replacement of the forward elevator cable and ongoing inspections of the elevator control system to prevent potential loss of control due to cable failure.
Non-compliance with these ADs can lead to significant consequences, including potential civil or criminal penalties. Although the specific penalties are not detailed in the provided text, regulatory non-compliance can generally result in fines or other enforcement actions under relevant aviation laws. CASA has determined that this AD does not require a Regulatory Impact Statement, indicating that the measure is not expected to have significant economic, environmental, or social impacts.
In terms of human rights compatibility, the Office of Regulatory Review has concluded that 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. The AD primarily sets out technical requirements and does not engage any of the applicable rights or freedoms. The instrument was made by the Executive Manager, Standards Development and New Technology Division on behalf of CASA, in accordance with subsection 94(1) of the Act, ensuring it adheres to the necessary legislative frameworks.