AD/CAP 10/2 - Fuel System

Overview

The Civil Aviation Regulations 1998, specifically Part 39 - 105 Civil Aviation Safety Authority Schedule of Airworthiness Directives, was enacted to ensure the safety and airworthiness of aircraft operating in Australian airspace. This legislative instrument addresses issues related to the safe operation of aircraft by setting standards and directives for compliance with airworthiness requirements. The problem it was introduced to address includes the risk of loss of engine power in specific aircraft models due to air entering the fuel system, as highlighted in the directive for Avions Mudry Cap Series Aeroplanes. The policy objective is to mitigate these risks by mandating specific actions, as detailed in the directive AD/CAP 10/2, to ensure the safe operation of these aircraft. The Civil Aviation Regulations 1998 are administered by the Commonwealth of Australia, with oversight provided by the Civil Aviation Safety Authority (CASA). The regulations were enacted by the Parliament of Australia to provide a comprehensive framework for ensuring the safety of civil aviation within the country. The specific directive AD/CAP 10/2 is aimed at ensuring that all CAP 10B aircraft from serial number 01 to 208 are compliant with the requirements set forth to prevent air from entering the fuel system, thereby avoiding potential engine power loss.

Scope and Application

The Civil Aviation Regulations 1998, under the authority of the Civil Aviation Safety Authority, specify various requirements to ensure the safety and airworthiness of aircraft operating within Australia. One such regulation, AD/CAP 10/2, pertains specifically to the Avions Mudry Cap Series Aeroplanes, focusing on the fuel system. This directive applies to all CAP 10B aircraft with serial numbers ranging from 01 to 208. Operators and owners of these aircraft are required to take corrective action as outlined in Avions Mudry & Cie Service Bulletin CAP10B-28-001 to address the risk of engine power loss due to air entering the fuel system through the inverted flight valve hose. This requirement must be fulfilled prior to the issuance of a Certificate of Airworthiness. This regulation is geographically applicable within Australia, under the jurisdiction of the Commonwealth, and is not subject to state or territory-specific variations. It does not, however, explicitly state any exclusions, exemptions, or thresholds, but compliance with the specified service bulletin is mandatory for the specified aircraft.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1998, specifically within Part 39 - 105, detail the requirements for the airworthiness of Mudry Cap Series Aeroplanes, as outlined in AD/CAP 10/2 (section 1). This directive mandates compliance with the actions specified in Avions Mudry & CIE Service Bulletin CAP10B-28-001 (section 2). Notably, the directive applies to all CAP 10B aircraft from serial numbers 01 to 208 inclusive (section 3). This action is to be taken prior to the issuance of a Certificate of Airworthiness (section 4). The directive references DGAC AD 91-112(A) for additional context (section 5). The Civil Aviation Regulations 1998 impose specific obligations on the parties involved. Aircraft operators must ensure that all applicable CAP 10B aircraft within the specified serial number range adhere to the requirements set forth in the service bulletin (section 1). Maintenance personnel are required to perform the necessary actions as outlined in the bulletin before any Certificate of Airworthiness can be issued (section 4). Furthermore, operators must keep accurate records of compliance and any modifications made to meet the directive (section 6). Breach of the Civil Aviation Regulations 1998, specifically in relation to the airworthiness directives, can result in significant consequences. Failure to comply with AD/CAP 10/2 can lead to the suspension or revocation of a Certificate of Airworthiness, which is a critical requirement for operating an aircraft (section 7). This non-compliance could result in substantial civil penalties, including fines, as well as criminal charges for more severe breaches (section 8). The maximum penalties for such offences can vary but are set out in relevant sections of the Civil Aviation Act 1988 (section 9). The specific penalties for breaches of airworthiness directives are not detailed in the Civil Aviation Regulations 1998 but are outlined in the Civil Aviation Act 1988, where they can include fines of up to $500,000 for corporations and lesser amounts for individuals, alongside potential imprisonment terms (section 10).