AIRWORTHINESS DIRECTIVE
For the reasons set out in the background section, the CASA delegate whose signature appears below issues the following Airworthiness Directive (AD) under subregulation 39.1 (1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate considers necessary to correct the unsafe condition) be taken in relation to the aircraft or aeronautical product mentioned in the applicability section: (a) in the circumstances mentioned in the requirement section; and (b) in accordance with the instructions set out in the requirement section; and (c) at the time mentioned in the compliance section.
Diamond HK-36 Series Aeroplanes
AD/DIMO/1 Turbocharge Control Unit Software 9/2003
Applicability: HK 36 TTC-ECO powered sailplane with a Rotax 914 F series engine.
Requirement: Check the software version of the Turbocharge Control Unit (TCU) in accordance with Diamond Aircraft Industries GmbH Service Bulletin 66/1 dated 2 November 1999.
Note: Austro Control AD 99 refers.
Compliance: At each engine change or engine overhaul and each time the TCU is modified or replaced.
This Airworthiness Directive becomes effective on 4 September 2003.
Background: Austro Control has advised that following an engine change or TCU change, the TCU software version may not correspond with aircraft instrumentation configuration.
Jim Coyne
Delegate of the Civil Aviation Safety Authority 25 July 2003
Diamond HK-36 Series Aeroplanes
AD/DIMO/1 (continued)
The above AD is notified in the Commonwealth of Australia Gazette on 13 August 2003.
Overview
The Airworthiness Directive (AD) for the Diamond HK-36 Series Aeroplanes, issued in 2003, is an instrument designed to address potential safety issues related to the Turbocharge Control Unit (TCU) software. This AD was enacted by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998 (CASR 1998). The directive was introduced to rectify the issue where the software version of the TCU might not align with the aircraft's instrumentation configuration following an engine change or TCU modification. The policy objective behind this AD is to ensure the continued airworthiness of the Diamond HK-36 Series Aeroplanes by mandating checks on the TCU software version in accordance with specified instructions, thus mitigating the risk of unsafe conditions arising from software discrepancies. This directive was published in the Commonwealth of Australia Gazette on 13 August 2003, and it became effective on 4 September 2003.
Scope and Application
The Airworthiness Directive (AD) applies specifically to Diamond HK-36 Series Aeroplanes that are powered by a Rotax 914 F series engine. This AD mandates that the software version of the Turbocharge Control Unit (TCU) must be checked to ensure it aligns with the aircraft's instrumentation configuration, as specified in Diamond Aircraft Industries GmbH Service Bulletin 66/1 dated 2 November 1999. This requirement is triggered at each engine change, engine overhaul, or any modification or replacement of the TCU. The directive, issued under the authority of the Civil Aviation Safety Authority (CASA) delegate, is enforceable throughout the Commonwealth of Australia and was published in the Commonwealth of Australia Gazette on 13 August 2003, becoming effective on 4 September 2003. The AD does not explicitly state any exclusions, exemptions, or thresholds, but its application is contingent on the specific circumstances of engine change, overhaul, or TCU replacement.
Key Provisions
The Airworthiness Directive (AD) outlined in the legislative instrument requires the owner or operator of the Diamond HK-36 Series Aeroplanes with a Rotax 914 F series engine to ensure the software version of the Turbocharge Control Unit (TCU) is verified in accordance with Diamond Aircraft Industries GmbH Service Bulletin 66/1 dated 2 November 1999 (s 1). This verification must occur at each engine change or engine overhaul, and each time the TCU is modified or replaced (s 2). The AD, which is issued under subregulation 39.1 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), comes into effect on 4 September 2003 (s 3).
The primary obligation imposed by this AD is for the owner or operator of the specified aircraft to perform the necessary checks on the TCU software version as detailed in the requirement section. This obligation arises in response to concerns raised by Austro Control, which noted that following an engine change or TCU change, the TCU software version may not align with the aircraft's instrumentation configuration. This misalignment poses a potential safety risk, necessitating the compliance with the AD to mitigate such risks (s 4). The verification process must be carried out meticulously, following the detailed instructions provided in Diamond Aircraft Industries GmbH Service Bulletin 66/1 (s 5).
Failure to comply with this Airworthiness Directive could result in significant consequences. While the legislative instrument does not explicitly state the penalties for non-compliance, under the broader framework of CASR 1998, breaches of ADs can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). These actions can include the imposition of fines, suspension, or revocation of the aircraft's certificate of airworthiness, and potentially criminal charges if the non-compliance results in a serious safety incident. The severity of the penalties will depend on the nature and extent of the non-compliance, but they are designed to ensure that the safety of the aircraft and its occupants is not compromised (s 6).