Overview

The Civil Aviation Regulations 1998 (CAR 1998), as amended, include provisions for Airworthiness Directives, such as the AD/CAP 232/5 issued on 9 August 2001, which addresses the replacement of stick adjustable root stops in all CAP 232 Series Aeroplanes manufactured by CAP Aviation (Akrotech and Mudry). This directive was introduced to rectify an unsafe condition identified in the original design of the stick adjustable root stops. The enactment of this AD is pursuant to subregulation 39.1 (1) of CAR 1998 by the Civil Aviation Safety Authority (CASA), a delegate of the Australian Government, aiming to ensure compliance with international safety standards and to mitigate any risks associated with the identified unsafe condition in the aircraft components. The directive mandates that the required action be completed within 100 hours of the aircraft being in service after the AD's effective date, unless the action has already been performed.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 105, establish the framework within which the Civil Aviation Safety Authority (CASA) issues Airworthiness Directives (ADs). These ADs apply to specific aircraft or aeronautical products when there is a need to address an unsafe condition. In this particular instance, AD/CAP 232/5 pertains to all CAP 232 Series Aeroplanes, requiring the replacement of stick adjustable root stops with those of improved design. This action is mandated to ensure compliance with safety standards and follows the instructions detailed in CAP Aviation Service Bulletin No. 991006. The directive must be carried out within 100 hours of the aircraft being in service after 9 August 2001, unless the required modifications have already been completed. This AD underscores CASA's commitment to maintaining high safety standards in civil aviation, extending its jurisdictional reach to enforce compliance across the Commonwealth of Australia.

Key Provisions

The main operative sections of this Airworthiness Directive (AD) require that the stick adjustable root stops on all CAP 232 aircraft be replaced in accordance with specific instructions (s 39.1(1)). The requirement section mandates the replacement of these components as detailed in CAP Aviation Service Bulletin No. 991006. This AD is applicable to all CAP 232 aircraft and necessitates compliance within 100 hours of time in service following the AD's effective date, 9 August 2001, unless the replacement has already been performed. The AD became effective on 8 August 2001, and it references the French Directorate General for Civil Aviation (DGAC) AD 2000-103(A) for context. The obligations imposed on the parties governed by this AD include ensuring that the replacement of the stick adjustable root stops is performed by qualified personnel and in accordance with the detailed instructions provided in CAP Aviation Service Bulletin No. 991006. This involves following a precise set of procedures and standards to maintain the safety and airworthiness of the CAP 232 aircraft. Failure to comply with these obligations within the stipulated timeframe may result in the aircraft being considered unairworthy. Failure to adhere to the provisions of this AD can lead to significant consequences. While the specific civil or criminal penalties are not detailed in the text, non-compliance with ADs can generally result in severe penalties, including fines, suspension or revocation of aircraft operating certificates, and potential criminal charges. The exact penalties would depend on the circumstances of the non-compliance and could be pursued under the Civil Aviation Act 1988 and associated regulations. The severity of the penalties reflects the critical nature of airworthiness directives in maintaining the safety standards of civil aviation.