CASA EX20/08 Exemption from Airworthiness Directive to permit repositioning (Cth)

Instrument number CASA EX20/08

I, GREGORY JEROME VAUGHAN, Group General Manager, General Aviation Operations, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed G.J. Vaughan]

Greg Vaughan

Group General Manager
General Aviation Operations

14 March 2008

Exemption — from Airworthiness Directive to permit repositioning

1          Commencement

            This instrument commences on 14 March 2008 immediately after it is registered.

2          Application

            This instrument applies to:

(a)   each pilot in command of an Australian aircraft (the aircraft) to which the following Airworthiness Directive applies, namely Airworthiness Directive AD/FSM/31 — Precision Airmotive Fuel Injection Servo Plugs — 5/2008 TX (the AD); and

(b)   each operator of an aircraft to which the AD applies.

3          Exemption — pilots

             The pilot in command of the aircraft is exempt from compliance with regulation 39.003 of CASR 1998 to the extent mentioned in Schedule 1.

4          Exemption — registered operators

The registered operator of the aircraft is exempt from compliance with regulation 39.003 of CASR 1998 to the extent mentioned in Schedule 1.

5          Conditions

             Each exemption mentioned in section 3 and section 4 is subject to the conditions mentioned in Schedule 2.

Schedule 1          Extent of exemption

            The exemption extends only to the requirement in the AD that an aircraft to which the AD applies may not be repositioned until compliance with the AD has been accomplished.

Schedule 2          Conditions

      1     The aircraft may be flown from its current location to its maintenance base or, if the aircraft has more than 1 maintenance base, from its current location to the closest maintenance base at which the full requirements of the AD can be accomplished.

      2     The flight (the repositioning flight) must be for the sole and exclusive purpose of repositioning the aircraft at the relevant maintenance base.

      3     The repositioning flight may only be conducted:

(a)   after the servo plug has been thoroughly checked by the pilot in command in accordance with Schedule 3; and

(b)   if the check reveals:

             (i)  no movement or looseness of any degree in the servo plug; and

            (ii)  no loose or broken servo plug lockwires.

      4     The flight must be by the most direct route available that avoids flight over any city, town or populous area.

      5     The aircraft may only carry the flight crew essential for its operation.

      6     Each member of the flight crew must:

(a)   be a volunteer who has agreed, in writing without prejudice, to participate in the flight; and

(b)   before the flight, be provided with a copy of this exemption and its Explanatory Statement.

Note   For CASA’s purposes, the “without prejudice” written agreement would have no legal effect other than to meet CASA’s requirement that only flight crew who had freely volunteered for the duty were involved in the flight.

      7     The operator, the aircraft, each pilot and the flight must comply with the requirements of the civil aviation legislation that would otherwise apply in relation to the flight except for the effect of this exemption.

      8     In this Schedule:

            civil aviation legislation means the Civil Aviation Act 1988 and any regulations, orders and instruments made under its authority.

            current location means the location of the aircraft on 13 March 2008 immediately before it was grounded by the application of the AD before this exemption took effect.

            servo plugs means the precision airmotive fuel injection servo plugs to which the AD applies.

Schedule 3          Checks

      1     The servo plug must be thoroughly checked by bare hand for the presence of looseness or movement.

Note    A visual inspection is not adequate. No attempt may be made to turn the servo plug with tools.

      2     When checking for looseness, the pilot in command must attempt to turn the servo plug in both clockwise and the anticlockwise directions and feel and observe for looseness of any degree.

      3     When checking for movement, the pilot in command must feel and observe if there is any sideways movement or rocking of the servo plug in the threads.

      4     The lock wire attached to the servo plug must be thoroughly checked, visually and by bare hand, to ensure that it is in place, is intact and has no looseness.