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 95/34 to correct an unsafe situation on Beechcraft 95 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 one off inspection of the forward elevator cable for those aeroplanes that have not previously accomplished the inspection detailed in the AD. This AD becomes effective on 27 February 2012.
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, enacted by the Australian Parliament, provides the legal framework for ensuring the safety of air navigation within the country. To further detail and operationalise the provisions of this Act, the Civil Aviation Safety Regulations 1998 were introduced, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products under regulation 39.001. The issuance of these ADs is essential for maintaining the safety standards of aircraft registered in Australia, aligning with the overarching policy objective of ensuring the safety of air navigation as stated in section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 also specify that ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The introduction of ADs, such as AD/BEECH 95/34, addresses specific safety concerns, such as the potential failure of the forward elevator cable in Beechcraft 95 series aircraft, necessitating immediate inspection and corrective action to prevent unsafe conditions that could lead to loss of control.
Scope and Application
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 in accordance with section 98 of the Civil Aviation Act 1988. This Act applies to any person or entity involved in the operation, maintenance, or registration of aircraft within Australia, including aircraft owners, operators, and maintenance service providers. The geographic reach of this regulation is national, as it pertains to all aircraft registered in Australia and aims to ensure the continuing airworthiness of these aircraft. The ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The AD/BEECH 95/34 is an example of such a directive issued by CASA to address an unsafe condition concerning the forward elevator cable in Beechcraft 95 series aircraft. This AD mandates an immediate inspection for certain aircraft and became effective on 27 February 2012. The AD does not specify any exclusions or exemptions, applying uniformly to the targeted aircraft types on the Australian register. Although CASA consulted with the industry and public, the urgency of the safety issue necessitated prompt action without waiting for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, particularly in relation to the airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they are subject to the requirements of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA, as the national airworthiness authority, and on the State of Registry of individual aircraft. CASA is required to assess any information provided by the State of Design regarding continuing airworthiness and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For instance, CASA has issued AD/BEECH 95/34 to address an unsafe condition on Beechcraft 95 series aircraft where failure of the forward elevator cable could cause the elevator to remain in a full ‘down’ position, leading to potential loss of control.
Breach of these obligations or non-compliance with ADs can result in significant consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that failure to adhere to airworthiness directives can lead to serious safety risks, including the potential for accidents. CASA has the authority to enforce compliance and may take action against individuals or entities that fail to meet the requirements set out in the ADs.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework designed to ensure the safety of air navigation by mandating the issuance of airworthiness directives where necessary. CASA and the State of Registry have specific obligations to assess and enforce these directives, and failure to comply can have serious safety and legal implications.