Overview

The Civil Aviation Regulations 1998 (CAR 1998) were enacted to establish the legal framework for the regulation of civil aviation in Australia. Among its various provisions, Part 39 includes detailed rules concerning airworthiness directives, which are critical in ensuring the ongoing safety of aircraft and aeronautical products. One such directive, AD/CAP 232/8, was issued by the Civil Aviation Safety Authority (CASA) to address an identified safety issue with the CAP Aviation (Akrotech and Mudry) CAP 232 Series Aeroplanes. This Airworthiness Directive was introduced to correct an unsafe condition arising from the increased empty weight of these aircraft due to added equipment, which necessitated adjustments to the aircraft's maximum weight and load factors, as well as a correction to the maximum speed for abrupt control travel in the Aircraft Flight Manual. The directive mandates specific actions to be taken in accordance with APEX Aircraft Service Bulletin No. 020204, dated 25 February 2002, before further flight after 22 May 2002, unless already accomplished. The policy objective behind this directive is to maintain the highest safety standards in civil aviation by ensuring that aircraft operate within their approved limits.

Scope and Application

The Airworthiness Directive (AD) issued under subregulation 39.1 (1) of the Civil Aviation Regulations 1998 applies to all CAP 232 aircraft, mandating specific action to address an identified unsafe condition. This requirement mandates compliance with APEX Aircraft Service Bulletin No. 020204, dated 25 February 2002, and references DGAC AD 2002-245(A). The directive stipulates that the prescribed action must be undertaken before any further flight after 22 May 2002, unless already accomplished, thereby setting a clear timeline for compliance. The AD, which became effective on 22 May 2002, is issued by a delegate of the Civil Aviation Safety Authority (CASA) and is intended to ensure the safe operation of CAP 232 aircraft, which have experienced an increase in empty weight due to added equipment, necessitating adjustments to maximum weight, maximum load factors, and maximum speed for abrupt control travel as outlined in the Aircraft Flight Manual.

Key Provisions

The Airworthiness Directive (AD) issued under section 39.1(1) of the Civil Aviation Regulations 1998 (CAR 1998) applies to all CAP 232 series aircraft, which are aeroplanes produced by Akrotech and Mudry (section 1). This AD, numbered AD/CAP 232/8, mandates that the action specified in the requirement section must be implemented concerning the aircraft or aeronautical product in the circumstances and according to the instructions outlined in the requirement section, before further flight after 22 May 2002, unless already completed (section 3). The AD is titled "Flight Envelope" and was issued on 7 February 2002. The AD mandates that the action outlined in APEX Aircraft Service Bulletin No. 020204, dated 25 February 2002, must be carried out on all CAP 232 aircraft (section 2). The requirement is to adjust the aircraft’s empty weight, which has increased due to added equipment, by updating the maximum weight in the Aerobatics category and decreasing the maximum load factors. Additionally, the Aircraft Flight Manual must be corrected to reflect the new maximum speed for abrupt control travel (section 2). The obligations imposed by this AD on the parties governed include ensuring that all CAP 232 aircraft are compliant with the updates specified in the AD before further flight after the effective date of 22 May 2002. Aircraft operators and maintenance personnel must implement the actions detailed in the APEX Aircraft Service Bulletin No. 020204 to maintain the airworthiness of the aircraft (section 3). Compliance must be achieved by updating the Aircraft Flight Manual and adjusting the aircraft’s weight parameters as specified. Failure to comply with this AD can result in significant consequences. Non-compliance could lead to the aircraft being deemed unairworthy, potentially resulting in grounding and legal repercussions for the operator. While the specific civil or criminal penalties are not detailed within the AD itself, violations of the CAR 1998 can result in substantial fines and legal action under other relevant aviation laws (section 4). The AD references DGAC AD 2002-245(A) for additional context, ensuring that operators are aware of the international context and standards applicable to this directive.