Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/DH 60/10 — Inspection of Wooden Structure
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common forms of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
On 11 August 2014, CASA issued AD/DH 82/18 — Inspection of Wooden Structure to correct an unsafe situation for DH82/DH82A and Lawrence DH82 aircraft. Australian DH82 aircraft have suffered 3 in-flight break-up events resulting in fatalities:
- Australian Transport Safety Bureau (ATSB) investigation 199800648, VH‑TMK, in-flight failure of weakened upper right wing spar, 28 February 1998;
- ATSB investigation 200200377, VH-AJG, in-flight breakup, 16 February 2002;
- ATSB investigation AO – 2013-226, VH-TSG, in-flight break-up near Stradbroke Island, 16 December 2013.
The unsafe condition identified in each case was the catastrophic failure of the wooden structure in the wings. AD/DH82/18 mandates the instructions detailed in the Technical News Sheet CT (Moth), No. 32, Issue 3, dated 1 December 2008, issued by DeHavilland Support Limited, titled Inspection of Wooden Structure (also referred to as TNS 32 Issue 3) which provides detailed inspection criteria for wooden wing structures of the DH82/DH82A and addresses the identified unsafe condition.
Due to the close resemblence between the wooden wing structures of DH 82/82A and the DH 60 aircraft, CASA has also issued AD/DH 60/10 to correct a similar unsafe situation for DH 60 Moth aircraft. This AD also mandates the instructions detailed in TNS 32 Issue 3, with additional appendices particular to DH 60 aircraft.
The State of Design for the DH 60 types, the United Kingdom (UK) through the Civil Aviation Authority (CAA) had previously mandated the instructions detailed in Technical News Sheet CT (Moth), No. 32 Issue 2 under UK CAA AD 002-03-98 in order to correct this unsafe condition. CASA correspondingly issued AD/DH 60/5 Flight Limitations and Structural Inspection in 1998 to mandate the instructions detailed in Technical News Sheet CT (Moth), No. 32 Issue 2, for Australian aircraft. The UK CAA subsequently cancelled UK CAA AD 002-03-98 and under the requirements set out in Part 39 of CASR 1998, CASA cancelled AD/DH 60/5 in 2009.
There are approximately 13 examples of DH 60 aircraft on the Australian Civil Aircraft register. This AD will ensure the continued airworthiness of the wooden structure of all DH 60 variants.
Consultation
CASA consulted the Australian aviation industry between 22 November 2014 and 22 December 2014 by way of Proposed Airworthiness Directive PAD/DH 60/10. Comments and responses can be found on the CASA website.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 6 February 2015.
[Instrument number AD/DH 60/10]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/DH 60/10 – Inspection of Wooden Structure
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
CASA has issued AD/DH 60/10 to require, in accordance with the Technical News Sheet CT (Moth), No. 32 Issue 3 issued by DeHavilland Support Limited, visual inspections of the entire internal wooden structure of the flying surfaces of all variants of DH 60 aircraft to ensure the continued airworthiness of the aircraft.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority