AD/DH 82/18 — Inspection of Wooden Structure

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01088 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/DH 82/18 — 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.

 

CASA has issued AD/DH 82/18 Inspection of Wooden Structure to correct an unsafe situation on DH82/DH82A and Lawrence DH82 aircraft.  Australian DH82 aircraft have suffered 3 in-flight break-up events resulting in fatalities:

  • BASI (ATSB) investigation 199800648, VH-TMK, in-flight failure of weakened upper right wing spar, 28 February 1998; and
  • ATSB investigation 2002003377, VH-AJG, DH82A, in-flight breakup, 16 February 2002; and
  • ATSB AO – 2013-226, DH82, 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 which provides detailed inspection criterion for wooden wing structures of the DH82/DH82A and addresses the identified unsafe condition.

 

The State of Design for the DH82/DH82A 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/DH82/11 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 29 of CASR 1998, CASA cancelled AD/DH82/11in 2009.

 

There are approximately 211 examples of DH82 aircraft on the Australian register, including DH82, DH82A, Lawrence DH82 and Lawrence DH82A.  This AD addresses the demonstrated unsafe condition by mandating a specific range of inspections and a structural inspection program described in Technical News Sheet CT (Moth), No. 32, Issue 3, which will ensure the continued airworthiness of the wooden structure of DH82, DH82A, Lawrence DH82 and Lawrence DH82A series aircraft.

 

Consultation

CASA has not consulted the Australian aviation industry regarding Technical News Sheet CT (Moth), No. 32, Issue 3 or this AD because the matter is considered urgent.  Previous consultation on similar requirements took place when CASA issued AD/DH82/11, Flight Limitations and Structural Inspection in 1998 to mandate Technical News Sheet CT (Moth), No. 32, Issue 2 for Australian aircraft.

 

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 14 August 2014.

 

[Instrument number AD/DH 82/18]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/DH 82/18 – 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 this AD 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 DH82 and DH82A 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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia. These regulations were made under section 98 of the Civil Aviation Act 1988, allowing the Governor-General to issue regulations for the safety of air navigation. As part of its regulatory functions, the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to address specific safety concerns. AD/DH 82/18, Inspection of Wooden Structure, was issued to rectify an unsafe condition identified in DH82 and DH82A series aircraft, which had experienced catastrophic failures of wooden wing structures leading to in-flight breakups and fatalities. This AD mandates detailed inspections of the wooden structure as outlined in Technical News Sheet CT (Moth), No. 32, Issue 3, issued by DeHavilland Support Limited, to ensure the continued airworthiness of these aircraft. Given the urgency of the safety issue, CASA did not consult the aviation industry but referred to previous consultations related to similar requirements. The AD was made by a delegate of CASA under the authority of the Civil Aviation Safety Regulations 1998 and commenced on 14 August 2014.

Scope and Application

The AD/DH 82/18 Inspection of Wooden Structure is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, aimed at addressing an unsafe condition identified in DH82/DH82A and Lawrence DH82 aircraft. This airworthiness directive applies to all aircraft of the DH82 and DH82A series, including variants such as Lawrence DH82 and Lawrence DH82A, registered in Australia. The directive mandates specific visual inspections of the wooden structure of the flying surfaces, as detailed in Technical News Sheet CT (Moth), No. 32, Issue 3, to ensure continued airworthiness. This measure follows multiple in-flight break-up incidents attributed to catastrophic failure of the wooden wing structure. CASA issued this directive as it was considered urgent, without prior consultation due to the nature of the safety issue, although previous consultation occurred regarding similar requirements in 1998. The AD applies nationally within Australia, aligning with international obligations under the Convention on International Civil Aviation. The instrument was made under delegated authority and commenced on 14 August 2014.

Key Provisions

The main operative sections of AD/DH 82/18 mandate that all DH82 and DH82A aircraft undergo specific visual inspections of their wooden structure to ensure continued airworthiness (AD/DH 82/18). This directive references the detailed inspection criteria outlined in Technical News Sheet CT (Moth), No. 32, Issue 3, issued by DeHavilland Support Limited. These inspections are essential to prevent catastrophic failures similar to those observed in past incidents where wooden structures in the wings failed during flight (section 1). The AD applies to all variants of DH82 and DH82A aircraft registered in Australia, including DH82, DH82A, Lawrence DH82, and Lawrence DH82A. The obligations imposed by this AD on the parties it governs are stringent and focused on safety. Aircraft owners, operators, and maintenance personnel must adhere to the inspection criteria specified in Technical News Sheet CT (Moth), No. 32, Issue 3. This includes conducting detailed visual inspections of the wooden structures in the wings and other specified areas to identify and rectify any potential issues before they can lead to an unsafe condition (section 2). These inspections must be carried out by appropriately qualified personnel and documented to ensure compliance with the AD. Any breaches of this AD can lead to severe consequences, including potential civil and criminal penalties. Although the specific penalties are not detailed in the explanatory statement, ADs issued under the Civil Aviation Safety Regulations 1998 generally carry significant fines and, in severe cases, could result in the grounding of the affected aircraft or revocation of the pilot’s license. The seriousness of the unsafe condition addressed by this AD underscores the importance of strict compliance to maintain the safety of air navigation (section 3). Failure to comply with the mandated inspections can lead to catastrophic outcomes, as evidenced by the past in-flight break-ups resulting from structural failures.

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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.