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 56/36 Amendment 1 to correct an unsafe situation on Beechcraft 56 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 56/36 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 for the regulation of civil aviation within Australia, with a focus on ensuring the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General can make regulations for these purposes. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for ensuring that ADs issued by States of Design are assessed and, if appropriate, implemented in Australia. The amendment AD/BEECH 56/36 Amendment 1, issued by CASA, addresses an unsafe condition related to the forward elevator cable on Beechcraft 56 series aircraft, modifying the inspection requirements based on manufacturer instructions to prevent potential loss of control.
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 certain types of aircraft and aeronautical products. These ADs are legislative instruments, and they serve to ensure the safety of air navigation by mandating specific requirements for the continuing airworthiness of aircraft registered in Australia. The State of Registry is responsible for the ongoing airworthiness of individual aircraft, and when a State of Design issues an AD, CASA must evaluate and, if appropriate, issue an Australian AD to enforce the necessary measures. This includes amending or cancelling previous ADs to address emerging safety issues, such as the unsafe condition identified with the forward elevator cable on Beechcraft 56 series aircraft. CASA has implemented AD/BEECH 56/36 Amendment 1 to rectify this issue, which became effective on 27 February 2012, replacing the previous AD. The amendment changes the inspection requirements and removes the necessity to replace cables older than 15 years, aligning with the manufacturer's instructions for continuing airworthiness. Although CASA has consulted with the industry and the public, the urgency of the situation necessitated immediate action due to the potential for loss of control if the unsafe condition is not addressed. The AD is compatible with human rights and freedoms, as determined by the Office of Regulatory Review, and it does not engage any applicable rights or freedoms outlined in international instruments.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to make regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are essential for maintaining the continuing airworthiness of aircraft types and are issued by most states that are party to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft, must provide necessary information to ensure the aircraft's continuing airworthiness. The State of Registry, which is responsible for an individual aircraft's airworthiness, must implement or adopt requirements to maintain this airworthiness. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. In this instance, CASA has issued AD/BEECH 56/36 Amendment 1 to address an unsafe condition with Beechcraft 56 series aircraft, specifically regarding the failure of the forward elevator cable.
The AD/BEECH 56/36 Amendment 1 seeks to rectify an unsafe situation where the forward elevator cable can cause the elevator to lock in the full 'down' position due to system spring tension. This amendment removes the requirement to replace cables older than 15 years and changes ongoing inspections to a one-off inspection for aircraft that have not yet undergone such an inspection. The amendment follows the manufacturer's instructions for continuing airworthiness and references Federal Aviation Administration Advisory Circular 43-13-1B. The AD became effective on 27 February 2012, replacing the previous version. Despite the Federal Aviation Administration of the United States not yet addressing this issue, CASA has developed the AD to ensure safety on Australian aircraft. Due to the urgency of the situation, CASA has taken limited consultation with the Australian industry and public, as immediate action is necessary to prevent loss of control of the aircraft.
The Office of Regulatory Review has determined that ADs, including this one, do not require a Regulatory Impact Statement. Additionally, the AD has been assessed for compatibility with human rights and freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, and it has been found to be compatible. The AD sets out technical requirements without engaging any applicable rights or 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.