Overview

The Civil Aviation Regulations 1998 (CAR 1998), enacted by the Parliament of the Commonwealth of Australia, are designed to ensure the safe operation of aircraft within Australian airspace. The regulations establish comprehensive guidelines for the airworthiness of aircraft, including issuing Airworthiness Directives (ADs) to address safety concerns. The AD/CAP 232/9, issued under subregulation 39.1 (1) of CAR 1998, specifically targets the CAP Aviation (Akrotech and Mudry) CAP 232 Series Aeroplanes to rectify an unsafe condition identified in the elevator lever control rod. This directive became necessary following an investigation into an accident involving a CAP 21 aircraft, which revealed that an incorrect connection of the elevator control was the cause. The policy objective of this AD is to ensure that all CAP 232 aircraft are maintained according to the specified service bulletin to prevent similar accidents in the future. The directive was issued by the Civil Aviation Safety Authority (CASA) and became effective on 19 June 2002.

Scope and Application

The Airworthiness Directive (AD) outlined in the Civil Aviation Regulations 1998, specifically within PART 39 - 105, applies to all CAP 232 series aeroplanes manufactured by Akrotech and Mudry. This AD mandates corrective actions to address the unsafe condition identified with the elevator lever control rod, as detailed in the requirement section which references Apex Aircraft Service Bulletin No. 020405. The directive applies to every CAP 232 aircraft, and the required actions must be performed each time the elevator control is disconnected or reconnected. The AD was issued by the Civil Aviation Safety Authority (CASA) delegate, David Alan Villiers, on 13 June 2002 and became effective from 19 June 2002, as notified in the Commonwealth of Australia Gazette. The directive is applicable nationally and aims to ensure the safety of the aircraft by rectifying the specific issue identified following an accident investigation. The AD also refers to DGAC AD 2002-298(A) for additional context.

Key Provisions

The Civil Aviation Regulations 1998 (CAR 1998), under Part 39, Section 105, mandate the issuance of Airworthiness Directives (AD) by a delegate of the Civil Aviation Safety Authority (CASA). This specific AD, designated AD/CAP 232/9, pertains to the CAP 232 series aeroplanes and is focused on the elevator lever control rod. The directive applies to all CAP 232 aircraft and requires specific actions to be taken whenever the elevator control is disconnected and reconnected, as outlined in Apex Aircraft Service Bulletin No. 020405. This AD was issued on 13 June 2002 by David Alan Villiers, a delegate of the CASA, and it became effective on 19 June 2002. The obligations imposed by this AD require the operators and maintainers of CAP 232 aircraft to adhere strictly to the procedures detailed in Apex Aircraft Service Bulletin No. 020405 each time the elevator control is disconnected or reconnected. The directive is a response to an accident involving a CAP 21 aircraft where the cause was identified as an incorrect connection of the elevator control. Hence, the actions specified in the AD are intended to prevent such unsafe conditions from recurring, thereby ensuring the airworthiness of the aircraft. Failure to comply with this AD may lead to serious safety implications. The regulations under CAR 1998 do not explicitly detail the offences or penalties for non-compliance in this specific AD. However, general provisions within CAR 1998 provide that failure to comply with an AD can result in significant civil or criminal consequences. Civil penalties can include fines, while criminal penalties can lead to imprisonment, reflecting the seriousness with which non-compliance is viewed under aviation safety laws. The exact penalties would be determined in accordance with the broader provisions of the Civil Aviation Act 1988 and other relevant legislation.