Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) are integral to the regulatory framework governing civil aviation safety in Australia, and they were enacted to ensure the safety of aircraft and aeronautical products within Australian airspace. The Civil Aviation Safety Authority (CASA) is the enforcing body for these regulations, and it has the authority to issue Airworthiness Directives (ADs) to address identified safety issues. AD/DA40/2, issued in 2003, is one such directive aimed at rectifying a specific safety concern identified in Diamond DA40 Series Aeroplanes. The problem this directive addresses is the malfunction of the thermostat valve within the fuel filter assembly, which has led to instances of vapour lock in the fuel system and subsequent loss of engine power. This Airworthiness Directive mandates the modification of the fuel filter assembly to prevent such malfunctions, thereby enhancing the safety of the specified aircraft models. The directive requires that the fuel filter assembly be modified according to Diamond Aircraft Industries GmbH's Mandatory Service Bulletin 40-023 dated 17 July 2003. The AD applies to specific serial numbers of the Diamond DA40D aircraft, and compliance is mandatory before further flight. This directive was issued under subregulation 39.1 (1) of CASR 1998, and it became effective on 24 July 2003. The policy objective behind this AD is to eliminate the identified unsafe condition and ensure the continued airworthiness of the affected aircraft, thereby safeguarding the integrity of civil aviation operations within Australia.

Scope and Application

The Airworthiness Directive (AD) issued under the Civil Aviation Safety Regulations 1998 applies specifically to Diamond DA40 series aeroplanes, particularly those with serial numbers ranging from 40.080 to 40.084, D4.001 to D4.020, and D4.037. The directive mandates a modification to the fuel filter assembly to address a safety issue identified in the thermostat valve, which has caused a vapour lock in the fuel system, leading to a loss of engine power. This directive is issued by a delegate of the Civil Aviation Safety Authority (CASA) and is applicable to aircraft within the Commonwealth of Australia. The directive requires compliance before any further flight, highlighting the urgency and critical nature of the safety measure. Notably, this AD is applicable to a specific subset of aircraft and does not extend to other aircraft or aeronautical products unless similarly identified. This directive is an essential safety measure within the broader regulatory framework managed by CASA.

Key Provisions

The Civil Aviation Safety Regulations 1998, specifically within Part 39 - 105 of the Civil Aviation Safety Authority Schedule of Airworthiness Directives, issue Airworthiness Directive AD/DA40/2 dated 9 July 2003. This directive mandates that certain Diamond DA40 Series Aeroplanes undergo a modification to their fuel filter assembly (section 1). This modification is necessary to address a safety concern identified in the background information regarding a malfunction in the thermostat valve of the fuel filter assembly, which has led to vapour lock of the fuel system and subsequent loss of engine power (section 2). The AD applies to specific Diamond DA40D aircraft with serial numbers ranging from 40.080, 40.084, D4.001 up to and including D4.020, and D4.037 (section 3). The required action is to modify the fuel filter assembly in accordance with the instructions set out in Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-023 dated 17 July 2003 (section 4). This modification must be completed before the aircraft can undertake further flights (section 5). The AD imposes obligations on the operators and owners of the affected aircraft to ensure that the specified modification is carried out by a certified repair facility or individual, following the detailed instructions provided in the referenced service bulletin. The directive also mandates that these modifications must be completed before any subsequent flight operations can occur (section 6). Failure to comply with this AD may result in significant safety risks, including potential in-flight engine failure due to fuel system issues. Should an operator or owner fail to comply with the requirements of this Airworthiness Directive, they may be subject to enforcement actions under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Non-compliance could lead to substantial penalties, including fines and potential criminal charges if the non-compliance results in a safety incident. The specific penalties for non-compliance with airworthiness directives are not detailed in the AD itself but would be governed by the broader aviation regulatory framework in Australia.