Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/JABIRU/2 - Wing Attachment Bolts - Life Limit
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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/JABIRU/2 to introduce a 2000 hour life limit for Jabiru AN4 wing attachment bolts.
As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD requires the replacement and removal from service of each AN4 wing attachment bolt before or upon reaching 2000 hours time-in-service, in accordance with Jabiru Aircraft Service Bulletin JSB 037-1 Issue 1.
Consultation
CASA has consulted with the Australian aviation industry and the general public via Proposed Airworthiness Directive PAD/JABIRU/2 which was open for comment for a period of 8 weeks ending 20 October 2015.
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 sub regulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 22 May 2017.
[Instrument number AD/JABIRU/2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/JABIRU/2 – Wing Attachment Bolts – Life Limit
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/JABIRU/2 has been issued to introduce a 2000 hour life limit for Jabiru AN4 wing attachment bolts.
As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD sets out required remedial action to replace and remove from service each AN4 wing attachment bolt before or upon reaching 2000 hours time-in-service, in accordance with Jabiru Aircraft Service Bulletin JSB 037-1 Issue 1, as in force from time to time. The Service Bulletin is available at no cost from the Jabiru website.
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