AD/GENERAL/87 - Primary Flight Control Cable Assembly Retirement

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

Legislation au F2015L00045 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GENERAL/87 Primary Flight Control Cable Assembly Retirement

 

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 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. 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 issued AD/GENERAL/87 to introduce primary flight control cable assembly life limits.

 

As an unsafe condition exists or is likely to exist, CASA is required to develop an AD to correct the problem. Commencing 1 January 2018, the AD requires:

 

1. The removal of each affected primary flight control cable assembly from service before the total time in service of the primary flight control cable assembly exceeds 15 years.

 

2. The prohibition of installation on any aircraft of a primary flight control cable assembly or part thereof that has been removed in accordance with this AD.

 

Consultation

CASA has consulted with the Australian aviation industry and the general public via CASA Notice of Proposed Rulemaking (NPRM) 1303MS.

 

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 1 February 2015.

 

[Instrument number AD/GENERAL/87]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/GENERAL/87 Primary Flight Control Cable Assembly Retirement

 

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/GENERAL/87 has been issued to introduce primary flight control cable assembly life limits.

 

In accordance with ICAO Annex 8, CASA must develop or adopt requirements to ensure the continuing airworthiness of aircraft. Consequently, CASA is issuing an AD to correct an identified unsafe condition relating to primary flight control cable assemblies. The AD sets out required remedial action to ensure the removal of each affected primary flight control cable assembly from service before the total time in service of the primary flight control cable assembly exceeds 15 years and prohibit the installation on any aircraft of a primary flight control cable assembly or part thereof that has been removed in accordance with this AD.

 

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 and to address safety concerns within the Australian aviation industry. Under this regulatory framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to correct identified unsafe conditions. The AD/GENERAL/87, introduced in 2015, pertains to the retirement of primary flight control cable assemblies and aims to address an identified unsafe condition that may exist or is likely to exist in such assemblies. The AD mandates the removal of affected primary flight control cable assemblies from service before they exceed 15 years in total time in service and prohibits the installation of such assemblies or parts thereof on any aircraft. This measure aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry are responsible for the continuing airworthiness of aircraft. The AD was made by a delegate of CASA under the authority conferred by the Civil Aviation Act 1988 and commenced on 1 February 2015. The instrument ensures compliance with human rights, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/GENERAL/87, apply to all aircraft and aeronautical products within Australia, ensuring they meet safety standards for air navigation as mandated by the Civil Aviation Act 1988. The authority to issue such regulations stems from section 98 of the Act, allowing the Governor-General to make rules in the interest of safety, with CASA exercising this authority under regulation 39.001 to issue airworthiness directives. AD/GENERAL/87 specifically mandates the retirement of primary flight control cable assemblies after 15 years of service to address identified unsafe conditions, ensuring compliance with international standards under Annex 8 to the Convention on International Civil Aviation. This directive applies to all aircraft registered in Australia, and it is enforced by the State of Registry, which is responsible for maintaining the continuing airworthiness of the aircraft. The directive also prohibits the reinstallation of any retired primary flight control cable assemblies, thereby maintaining stringent safety measures across the Australian aviation industry.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include the airworthiness directive (AD) AD/GENERAL/87 which mandates specific requirements for the retirement of primary flight control cable assemblies in aircraft. Section 39.001 of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft, and AD/GENERAL/87 is a legislative instrument under section 98(5B) and (5BA) of the Civil Aviation Act 1988. The directive stipulates that each affected primary flight control cable assembly must be removed from service before it exceeds 15 years in total time in service, and prohibits the installation of any such removed assembly or its parts on any aircraft. Entities governed by this AD, primarily including aircraft operators and maintenance providers, must adhere to the stipulated life limits for primary flight control cable assemblies. They must ensure that affected assemblies are removed from service before they reach 15 years of total time in service and must not reinstall any removed assemblies or their parts. This obligation extends to compliance with all the procedural and documentation requirements specified by CASA in the directive. Failure to comply with the provisions of AD/GENERAL/87 may result in significant consequences. The safety of air navigation is paramount, and non-compliance with airworthiness directives can lead to serious safety risks. CASA has the authority to take enforcement actions against entities that fail to adhere to these safety requirements. Potential penalties for non-compliance could include fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. The specific penalties depend on the severity and circumstances of the non-compliance but are designed to enforce strict adherence to safety standards.

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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.