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 10/7 Rudder Lower Support 10/2004 TX
Applicability: All Model CAP10B aircraft, fitted with a rudder lower support CAP10-30-08-01 or CAP230-30-08-01, as applicable, with or without a letter at end; supplied by APEX Aircraft after 1 January 2001 (supplied as spare part or incorporated in production).
Requirement: 1. Perform inspection ‘A’ of the Accomplishment Instructions of APEX Aircraft Service Bulletin No. 040707, dated 29 July 2004.
2. Perform inspection ‘B’ of the Accomplishment Instructions of APEX Aircraft Service Bulletin No. 040707.
Note: DGAC Emergency AD UF-2004-143 refers.
Compliance: 1. Before further flight after 18 August 2004.
2. Within 25 flight hours after 18 August 2004, and thereafter at intervals not to exceed 25 flight hours.
This Airworthiness Directive becomes effective on 18 August 2004.
Background: Reports were received of cracked rudder lower supports.
David Villiers
Delegate of the Civil Aviation Safety Authority 17 August 2004
The above AD is notified in the Commonwealth of Australia Gazette on 18 August 2004.
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of civil aviation in Australia by establishing a regulatory framework that governs all aspects of aviation operations. Part 39 of the CASR 1998 specifically addresses airworthiness directives, which are legally binding requirements imposed on aircraft owners or operators to correct unsafe conditions. The enactment of the CASR 1998 aimed to address the problem of ensuring consistent safety standards across the aviation industry by providing a comprehensive set of regulations to be overseen by the Civil Aviation Safety Authority (CASA). The policy objective behind the CASR 1998 is to maintain the highest possible level of safety in civil aviation through rigorous oversight and the issuance of airworthiness directives when necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically Part 39, mandates the issuance of Airworthiness Directives by the Civil Aviation Safety Authority (CASA) to address safety concerns in aviation. This legislative instrument applies to all Model CAP10B aircraft that are equipped with specified rudder lower supports supplied by APEX Aircraft post 1 January 2001. The directive requires these aircraft to undergo detailed inspections to rectify an identified unsafe condition concerning the cracked rudder lower supports. The directive is effective from 18 August 2004, necessitating inspections to occur before further flights post this date, and at specified intervals thereafter. The directive applies nationally across the Commonwealth of Australia, and it extends its reach through subordinate instruments such as service bulletins and accomplishment instructions. However, the AD does not explicitly state any exclusions or exemptions, thus implying its comprehensive application to the specified aircraft within its jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR), specifically under Part 39, include provisions that mandate the issuance of Airworthiness Directives (ADs) to ensure the safety of aircraft and aeronautical products. Section 39.1(1) allows the delegate of the Civil Aviation Safety Authority (CASA) to issue such directives when necessary to correct unsafe conditions. The directive issued as AD/CAP 10/7 concerns the rudder lower support of all Model CAP10B aircraft that were supplied by APEX Aircraft after 1 January 2001. The directive became effective on 18 August 2004 and mandates specific inspections to be carried out to address reports of cracked rudder lower supports.
The Airworthiness Directive (AD/CAP 10/7) imposes clear obligations on the parties affected. Primarily, it requires that an inspection 'A' and inspection 'B' be performed on the rudder lower support of the specified aircraft. These inspections must adhere to the Accomplishment Instructions provided in APEX Aircraft Service Bulletin No. 040707, dated 29 July 2004. The directive mandates that the first inspection must be completed before further flight after 18 August 2004. Additionally, subsequent inspections must occur within 25 flight hours after the initial inspection and at intervals not exceeding 25 flight hours thereafter.
Failure to comply with the provisions of this AD may result in significant consequences. While the specific legal text does not detail criminal or civil penalties for non-compliance, it is implied that failure to adhere to such safety directives could lead to safety risks, potential grounding of the aircraft, and possible enforcement actions by CASA. The severity of the consequences could vary based on the extent of non-compliance and the impact on aviation safety.