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 to correct an unsafe situation on Beechcraft 56TC 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 by the Commonwealth Parliament to regulate civil aviation safety in Australia and to ensure the continuing airworthiness of aircraft. The Act allows the Governor-General to make regulations for the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments designed to address specific safety issues with aircraft types or aeronautical products, ensuring they remain airworthy. The Civil Aviation Act 1988 and its associated regulations aim to maintain high safety standards in Australian civil aviation, aligning with international obligations under the Convention on International Civil Aviation and its annexes.
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 kinds of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003, and they serve as a critical mechanism for ensuring the continuing airworthiness of aircraft types, especially in light of international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type holds primary responsibility for issuing ADs, while the State of Registry, in this case CASA for Australia, must assess and, if necessary, issue corresponding ADs to address any identified unsafe conditions on aircraft registered within its jurisdiction. In the instance of AD/BEECH 56/36, CASA issued a directive to address the unsafe situation concerning the forward elevator cable on Beechcraft 56TC series aircraft, necessitating immediate inspection and replacement of cables over 15 years old and periodic inspections of the entire elevator control system to prevent potential loss of control. This directive was issued with limited consultation due to the urgency of the condition, although the Federal Aviation Administration of the United States had not yet taken similar action. The AD does not require a Regulatory Impact Statement and is compatible with human rights and freedoms as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are instrumental in maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, must provide necessary information to the State of Registry, which is then obliged to ensure the aircraft's ongoing airworthiness. CASA, Australia's national airworthiness authority, must evaluate such information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to monitor and respond to safety concerns identified by the State of Design. For instance, AD/BEECH 56/36 was issued to address an unsafe condition on Beechcraft 56TC series aircraft, where the failure of the forward elevator cable can cause the elevator to remain in a full 'down' position. The AD mandates an immediate inspection and replacement of the forward elevator cable if it exceeds 15 years of age. Furthermore, it requires ongoing inspections of the entire elevator control system to prevent unexpected failures that could lead to a loss of control over the aircraft. Despite limited consultation with the industry and public, CASA's decision to issue this AD was driven by the urgency of the safety issue.
Failing to comply with an AD can have serious consequences. CASA, as the regulator, has the authority to take enforcement actions against non-compliance, which may include fines, suspension or revocation of aircraft certificates, and other regulatory measures. While specific penalties are not outlined in the text, the Civil Aviation Act 1988 and related regulations provide a framework for imposing sanctions for breaches. Additionally, operators may face civil liability for damages resulting from accidents caused by non-compliance with ADs.
In terms of human rights compatibility, the Office of Regulatory Review has confirmed that the AD does not contravene any rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The AD sets out technical requirements without engaging with any applicable rights or freedoms.