AD/F28/93 — F70 Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd

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Legislation au F2022L01489 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/F28/93 — F70 Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. 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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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 issued AD/F28/93 to correct an unsafe situation on Fokker F28 Mark 0070 aircraft. This AD has been issued due to main landing gear pistons which were not overhauled in accordance with manufacturer’s approved maintenance data. The State of Design for Fokker F28 Mark 0070 aircraft, EASA, has not yet taken action to correct this unsafe condition as they have allowed CASA to take the necessary action since the unapproved overhaul processes were carried out by a CASA approved Part 145 of the Civil Aviation Safety Regulations maintenance organisation. As there are several examples of Fokker F28 Mark 0070 aircraft on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.

Documents Incorporated by Reference

Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

Insert details of document including title, date of issue and purpose. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above.  The technical document is not freely available.

 

The technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It can be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the instrument, or to any interested person.

Consultation

CASA has consulted with the Australian aviation industry and the general public via a proposed AD which was published on 15 August 2022. Consultation for the proposed AD closed on 12 September 2022 and feedback was taken into account for the drafting of the final AD.

Sector risk, economic and cost impact

Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.

CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of relevant aircraft. The instrument will reduce cost to owners of pre-1966 manufactured aircraft.

 

Impact on categories of operations

The instrument is likely to have a beneficial effect on operations conducted by the relevant aircraft because it will reduce the maintenance burden on aircraft owners.

Impact on regional and remote communities

The instrument will not have a negative impact on regional and remote communities and may reduce the maintenance costs of individuals and businesses operating Textron aircraft in those communities.

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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on date.

[Instrument number AD/F28/93]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/F28/93 – F70 Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd

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/F28/93 has been issued to correct an unsafe condition due to main landing gear pistons not being overhauled in accordance with manufacturer’s instructions.

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) were enacted to establish a robust framework for ensuring the safety of civil aviation within Australia. The CASR provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (AD) to address safety issues concerning aircraft and aeronautical products. The Civil Aviation Act 1988 empowers the Governor-General to create regulations to implement and enforce international safety standards, including those from the Convention on International Civil Aviation. In this context, AD/F28/93 was issued by CASA to rectify an unsafe condition in Fokker F28 Mark 0070 aircraft where the main landing gear pistons had not been overhauled according to the manufacturer's approved maintenance data. The directive aims to ensure the continuing airworthiness of these aircraft registered in Australia, aligning with the overarching policy objective of maintaining the highest safety standards in aviation. The AD/F28/93 reflects a legislative approach that incorporates technical documents from aircraft manufacturers, despite their proprietary nature, to ensure that CASA and affected parties have access to necessary information for compliance. This approach balances the need for safety with the practical constraints of operating aircraft in both Australian and international airspace. CASA consulted with the aviation industry and the public before finalizing the directive, taking into account economic and cost impacts, which were deemed not significant. Additionally, the directive has been assessed for compatibility with human rights, with no adverse implications identified. The AD/F28/93 is intended to have enduring effect, as it addresses a critical safety issue and is not subject to the sunsetting provisions that apply to other legislative instruments.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/F28/93, apply to Fokker F28 Mark 0070 aircraft registered in Australia, and are designed to address an unsafe condition related to the overhaul of main landing gear pistons by Aerospace NDI Pty Ltd. This airworthiness directive (AD) is issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, and it applies to all aircraft operators who hold a certificate of registration for a Fokker F28 Mark 0070 in Australia. The directive is intended to ensure compliance with safety standards mandated by Annex 8 of the Convention on International Civil Aviation. The AD incorporates a technical document that is proprietary and requires subscription access, but CASA will provide viewing access to affected operators and interested parties. While the AD is specifically targeted at Fokker F28 Mark 0070 aircraft, the overarching Civil Aviation Safety Regulations apply broadly to all aircraft operations within Australia, ensuring adherence to national and international aviation safety standards. There are no stated exclusions or exemptions within this directive, although the broader regulations may offer some flexibility in specific circumstances. The AD is a legislative instrument that comes into effect on the date specified in the document and is not subject to sunsetting provisions.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 (section 98) empower the Governor-General to create regulations for the purpose of implementing the Convention on International Civil Aviation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for certain types of aircraft or aeronautical products. Airworthiness directives, unless specified to apply to a particular person, aircraft, or product, are considered legislative instruments under section 98 (5B) and (5BA) of the Act. Section 98 (5D) further allows these legislative instruments to incorporate any relevant matter from other documents, even if those documents do not yet exist at the time of the instrument’s creation. These airworthiness directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry develops or adopts requirements to ensure the airworthiness of individual aircraft. CASA has issued AD/F28/93 to address an unsafe condition in Fokker F28 Mark 0070 aircraft, specifically concerning the main landing gear pistons that were overhauled without adhering to the manufacturer’s approved maintenance data. Since the unsafe overhaul processes were performed by a CASA-approved maintenance organisation, CASA has taken the necessary action on behalf of the State of Design, EASA, which has allowed this intervention. The airworthiness directive imposes specific obligations on the parties it governs. Aircraft owners and operators must ensure that the main landing gear pistons on Fokker F28 Mark 0070 aircraft are overhauled in accordance with the manufacturer's approved maintenance data. This requirement aims to correct the identified unsafe condition and ensure the continued safe operation of the aircraft. CASA has incorporated a technical document into this AD, which is not freely available but can be accessed by subscription from the aircraft or component manufacturer. CASA will, however, make relevant sections of this document available for viewing upon request at their offices to affected aircraft operators and interested parties. Failure to comply with the provisions of AD/F28/93 can result in serious consequences. Non-compliance with airworthiness directives is considered a breach of the Civil Aviation Safety Regulations 1998, which can lead to enforcement actions by CASA. The penalties for non-compliance can include fines, suspension or revocation of airworthiness certificates, and potential criminal charges. The specific penalties are determined based on the severity of the breach and the associated risks to aviation safety. The regulatory framework is designed to ensure that all parties adhere to the necessary safety standards to protect the public and maintain the integrity of the aviation system.

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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.