AD/DH 60/9 Amdt 1 - Lateral Fuselage Tie Rods - Removal and Replacement

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Legislation au F2014L01167 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/DH 60/9 Amdt 1 — Lateral Fuselage Tie Rods – Removal and Replacement

 

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 form 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.

 

CASA has raised AD/DH 60/9 Amdt 1 to correct an unsafe situation on DH 60 Moth series aircraft.  The AD has been issued to address the possible unsafe condition of defective J&R Engineering and other unacceptable fuselage lateral tie rods fitted to Australian aircraft. The State of Design for the DH 60, the United Kingdom, has not yet taken action to correct this unsafe condition.  As there are approximately 15 examples of the DH 60 on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. CASA published AD/DH 60/9 on the CASA website on 22 August 2014, but it was not tabled due to an administrative error.

Consultation

CASA has consulted with the Australian aviation industry and the general public via the proposed AD (PAD) process by publishing PAD/DH 60/9 with 4 weeks of public consultation undertaken.

 

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 28 August 2014.

 

[Instrument number AD/DH 60/9 Amdt 1]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/DH 60/9 Amdt 1 – Lateral Fuselage Tie Rods – Removal and Replacement

 

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

The legislative instrument is an airworthiness directive (AD). AD/DH 60/9 Amdt 1 has been issued to address the possible unsafe condition of defective J&R Engineering and other unacceptable fuselage lateral tie rods fitted to Australian aircraft. The State of Design for the DH 60, the United Kingdom, has not yet taken action to correct this unsafe condition.  As there are approximately 15 examples of the DH 60 on the Australian register, CASA has developed an AD to correct the problem on Australian 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to address specific safety concerns. AD/DH 60/9 Amdt 1, issued by CASA under the authority granted by the Civil Aviation Act 1988, targets the unsafe condition of defective fuselage lateral tie rods on DH 60 Moth series aircraft registered in Australia. Given that the State of Design, the United Kingdom, has not yet addressed this issue, CASA has taken the initiative to safeguard the approximately 15 DH 60 aircraft on the Australian register. The AD was developed following consultation with the aviation industry and the public, and it commenced on 28 August 2014. Furthermore, the directive aligns with human rights as it does not engage any of the applicable rights or freedoms, as evidenced by the Statement of Compatibility with Human Rights prepared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The AD/DH 60/9 Amdt 1 is a legislative instrument under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically targeting the unsafe condition of defective J&R Engineering and other unacceptable fuselage lateral tie rods fitted to DH 60 Moth series aircraft registered in Australia. This airworthiness directive applies to all Australian-registered DH 60 Moth series aircraft, which currently number around 15, and mandates the removal and replacement of the defective tie rods to ensure their continuing airworthiness. The directive is issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act and CASR 1998. While the State of Design, the United Kingdom, has not yet taken action to address this issue, CASA has developed this AD to ensure the safety of these aircraft within Australia. The instrument, made under delegation, commenced on 28 August 2014, and it is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998, as amended by AD/DH 60/9 Amdt 1, focus on ensuring the safety of air navigation, particularly concerning the lateral fuselage tie rods on DH 60 Moth series aircraft. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). AD/DH 60/9 Amdt 1 specifically targets the removal and replacement of defective fuselage lateral tie rods to correct an unsafe condition. The obligations imposed by this AD include the requirement for aircraft operators to ensure that the fuselage lateral tie rods on DH 60 Moth series aircraft are replaced with acceptable ones. This obligation extends to conducting thorough inspections and ensuring that the replacement parts meet the specified standards. Operators must also keep records of any inspections and maintenance actions taken in compliance with the AD. Failure to comply with AD/DH 60/9 Amdt 1 can result in serious consequences. While the explanatory statement does not explicitly state specific offences, non-compliance with ADs can generally lead to enforcement actions by CASA. This can include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. The Civil Aviation Safety Regulations 1998 provide for penalties up to $275,000 for serious breaches, highlighting the importance of adherence to the directive. The overarching aim of these measures is to ensure that the airworthiness of the affected aircraft is maintained, thereby protecting public safety.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.