COMMONWEALTH OF AUSTRALIA (Civil Aviation Safety Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
AIRWORTHINESS DIRECTIVE
For the reasons set out in the background section, the CASA delegate whose signature appears below issues the following Airworthiness Directive (AD) under subregulation 39.1 (1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate considers necessary to correct the unsafe condition) be taken in relation to the aircraft or aeronautical product mentioned in the applicability section: (a) in the circumstances mentioned in the requirement section; and (b) in accordance with the instructions set out in the requirement section; and (c) at the time mentioned in the compliance section.
Avions Mudry Cap Series Aeroplanes
AD/CAP 10/6 Lower Torque Link Attachment Weld 9/2004
Applicability: CAP 10B aircraft, serial number 300 and subsequent, or modified in accordance with MOD 000302 “CAP 10C wing”; and where a main landing gear has a separation zone between the chrome plated area of the moving strut and the torque link attachment of less than 1 mm (0.040-inch), as specified in Requirement document.
Requirement: Inspect in accordance with Apex Aircraft Service Bulletin No. 040506, dated 7 June 2004.
Note: DGAC AD F-2004-108 refers.
Compliance: Within 50 hours time in service after 2 September 2004. Thereafter at intervals not to exceed 100 hours time in service. These periods may be increased by up to10% to align the inspection with a scheduled maintenance check.
This Airworthiness Directive becomes effective on 2 September 2004.
Background: The main landing gear torque link attachment to the moving strut may have been welded onto the chrome plated surface, which could embrittle the weld and lead to cracks.
David Villiers
Delegate of the Civil Aviation Safety Authority 13 July 2004
The above AD is notified in the Commonwealth of Australia Gazette on 11 August 2004.
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Overview
The Civil Aviation Safety Regulations 1998 (CASR) were enacted by the Parliament of Australia to establish a comprehensive framework for ensuring the safety of civil aviation operations within the country. This legislative instrument, specifically Part 39 - 105, focuses on the issuance of Airworthiness Directives by the Civil Aviation Safety Authority (CASA). The problem this legislation addresses is the need to mandate corrective actions to ensure the airworthiness of specific aircraft types and aeronautical products, thereby mitigating safety risks. The policy objective is to enhance the safety standards of civil aviation by enforcing necessary modifications and inspections on aircraft components that pose potential safety hazards. This particular Airworthiness Directive (AD/CAP 10/6) targets Mudry Cap Series Aeroplanes, specifically addressing a potential issue with the lower torque link attachment weld, which could lead to structural failure if not properly monitored and maintained.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically Part 39-105, outlines Airworthiness Directives issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft and aeronautical products in operation. This particular Airworthiness Directive (AD/CAP 10/6) applies to Mudry Cap Series Aeroplanes, specifically those with serial numbers 300 and subsequent, or those modified in accordance with MOD 000302 “CAP 10C wing,” where the main landing gear has a separation zone between the chrome-plated area of the moving strut and the torque link attachment of less than 1 mm (0.040-inch). The directive mandates that an inspection be carried out in accordance with Apex Aircraft Service Bulletin No. 040506, dated 7 June 2004, within 50 hours of time in service after 2 September 2004 and thereafter at intervals not exceeding 100 hours, with an allowance to increase these periods by up to 10% to align with scheduled maintenance checks. This directive is issued under the authority of the CASA delegate, David Villiers, and is applicable across the Commonwealth of Australia, as notified in the Commonwealth of Australia Gazette on 11 August 2004.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR), specifically Part 39, include an Airworthiness Directive (AD) which mandates certain actions to ensure the safety of specific aircraft models. In this instance, AD/CAP 10/6 pertains to Avions Mudry Cap Series Aeroplanes, serial number 300 and subsequent, or those modified according to MOD 000302 "CAP 10C wing" (section 1). This AD requires an inspection of the lower torque link attachment weld in cases where the separation zone between the chrome-plated area of the moving strut and the torque link attachment is less than 1 mm (0.040-inch) (section 2). The inspection must adhere to Apex Aircraft Service Bulletin No. 040506, dated 7 June 2004 (section 3).
The AD imposes specific obligations on the relevant parties, including aircraft owners and operators, who must conduct the required inspections as specified. These inspections must be completed within 50 hours of time in service after 2 September 2004, and subsequently at intervals not exceeding 100 hours of time in service. However, these periods can be increased by up to 10% to coincide with scheduled maintenance checks (section 4). Failure to comply with these requirements could result in the aircraft being deemed unairworthy, which could lead to grounding and legal consequences.
There are no specific offences, penalties, or civil/criminal consequences stated within the AD itself; however, non-compliance with ADs generally can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions may include fines, the grounding of aircraft, and potential criminal charges in cases of gross negligence or wilful disregard of safety directives. The maximum penalties for breaches of aviation safety regulations can vary, but they can include substantial fines and imprisonment, depending on the severity and intent behind the non-compliance.