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.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations that support its objectives, with the Civil Aviation Safety Regulations 1998 further detailing these requirements. These regulations include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In line with international standards set by the International Civil Aviation Organization, the State of Design has a responsibility for ensuring the continuing airworthiness of aircraft types, while the State of Registry must enforce these standards domestically. Consequently, CASA issues ADs to address unsafe conditions and ensure compliance with safety regulations, as exemplified by AD/BEECH 65/64 Amdt 1, which was developed to correct an unsafe condition on Beech 65 aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of civil aviation safety in Australia, with a particular focus on ensuring the continuing airworthiness of aircraft. Under this legislative structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that are subject to disallowance and are created under the authority vested in CASA by section 98 of the Act. These directives are essential for maintaining airworthiness standards in alignment with international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and requiring States of Registry to implement measures that uphold these standards. In the instance of Beech 65 aircraft, CASA issued an amended AD to address safety concerns identified by the State of Design, the USA, but which has not yet acted to correct. The amended AD, AD/BEECH 65/64 Amdt1, provides an alternative to the previous retirement schedule, allowing for continued operation if a safety by inspection program is implemented, thereby potentially extending the service life of these aircraft while maintaining safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types, which is in line with international standards set by Annex 8 to the Convention on International Civil Aviation. An AD is a legislative instrument that becomes effective upon issuance, as per section 6 of the Legislative Instruments Act 2003. This regulatory mechanism allows CASA, as Australia's national airworthiness authority, to address unsafe conditions on aircraft registered within Australia, ensuring compliance with safety standards.
The obligations imposed by the AD require aircraft operators to comply with the specified safety measures. Specifically, operators of Beech 65 aircraft must ensure that their aircraft meet the safety criteria outlined in AD/BEECH 65/64 Amdt1. This includes conducting a review of the Structural Integrity Repair Manual (SIRM) to ascertain if it inspects all probable locations and modes of damage due to fatigue, corrosion, or accidental damage. If the review indicates that the SIRM does not adequately cover these areas, operators must develop supplemental inspections with appropriate intervals to cover the uncovered locations. Operators must also refrain from operating aircraft that have reached the life specified in the retirement schedule until the review and necessary inspections are completed.
Failure to comply with the AD can result in severe consequences. Non-compliance with airworthiness directives is not explicitly detailed in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, but it generally falls under the broader regulatory framework governing aviation safety. Violations may lead to enforcement actions by CASA, including the imposition of fines, suspension or revocation of certificates, or other regulatory sanctions. The exact penalties for non-compliance would depend on the specific nature and severity of the breach, but they can be significant given the critical nature of airworthiness regulations.