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 issued AD/BEECH 65/64 to correct an unsafe situation on Beech 65 aircraft. CASA has assessed this AD and amended it to allow the option of continuation in service beyond the retirement lives specified in the retirement schedule, by adoption of a safety by inspection program. Aircraft that have reached the life specified in the retirement schedule may not operate until the operator has completed a review of the Beech SIRM to determine if it inspects all of the probable locations and modes of damage due to fatigue, corrosion or accidental damage, per FAR 23.573(b). If the review shows that the SIRM does not fulfil this requirement, supplemental inspections with appropriate inspection intervals must be developed to inspect the locations that are not inspected by the SIRM. The amended AD, AD/BEECH 65/64 Amdt1, will become effective on 23 June 2010. This AD cancels and replaces the previous issue.
The State of Design for the Beech 65, the USA, has not yet taken action to correct this unsafe condition. As there are many examples of the Beech 65 on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has not consulted with the Australian industry and public because the option of allowing a safety by inspection program alleviates burden on industry as it may allow operation of their aircraft beyond a time when they would normally be required to be retired from service.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, on behalf of CASA, in accordance with subsection 94 (1) of the Act.