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
Overview
The Civil Aviation Safety Regulations 1998 were enacted to provide a regulatory framework for ensuring the safety of civil aviation in Australia. This legislation was introduced to address the need for consistent and enforceable safety standards within the aviation industry, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) was established under section 98 of the Civil Aviation Act 1988 to develop and implement regulations and airworthiness directives to maintain the safety standards. AD/JABIRU/2, issued by CASA, aims to address a specific safety concern by imposing a 2000-hour life limit on Jabiru AN4 wing attachment bolts. As Australia is the State of Design for the Jabiru aircraft, CASA is mandated to ensure the continuing airworthiness by issuing such directives. The AD requires the replacement and removal from service of each affected bolt, ensuring compliance with Jabiru Aircraft Service Bulletin JSB 037-1 Issue 1, thereby mitigating potential safety risks.
Scope and Application
The AD/JABIRU/2 pertains to the Civil Aviation Safety Regulations 1998, specifically addressing the airworthiness of Jabiru AN4 wing attachment bolts. This legislation applies to aircraft owners, operators, and maintenance personnel who are directly involved with the operation and maintenance of aircraft equipped with Jabiru AN4 engines. Given that Australia is the State of Design for this aircraft type, the Civil Aviation Safety Authority (CASA) is responsible for issuing this directive to ensure compliance with international standards of airworthiness. The AD mandates the replacement and removal from service of each AN4 wing attachment bolt before or upon reaching 2000 hours time-in-service. The regulation is applicable nationally within Australia and must be adhered to by all parties involved in the maintenance and operation of affected aircraft. This AD extends to all aircraft utilising Jabiru AN4 engines within Australian jurisdiction, irrespective of whether the aircraft is privately owned or operated by commercial entities. The scope of the regulation is defined by the necessity to ensure the continuing airworthiness of these aircraft, in line with international aviation standards. The AD is a legislative instrument, binding all affected parties unless explicitly stated otherwise, and is subject to enforcement by CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 98 of the Civil Aviation Act 1988 (Act) empower the Governor-General to create regulations, including airworthiness directives (ADs). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) can issue ADs for aircraft or aeronautical products, which are legislative instruments unless specified otherwise (subsections 98(5B) and (5BA) of the Act). AD/JABIRU/2, issued by CASA, sets a 2000-hour life limit for Jabiru AN4 wing attachment bolts, requiring their replacement or removal from service upon reaching this limit. This action aligns with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for an aircraft type's continuing airworthiness and mandates the provision of necessary information to States of Registry. In this case, Australia, as the State of Design, is required to ensure the continuing airworthiness of Jabiru aircraft.
The AD imposes specific obligations on the parties and entities it governs. Primarily, it mandates the replacement or removal from service of Jabiru AN4 wing attachment bolts upon reaching 2000 hours of time-in-service. This requirement is to be carried out in accordance with Jabiru Aircraft Service Bulletin JSB 037-1 Issue 1. The AD ensures compliance with international standards and promotes safety in aviation by addressing potential risks associated with the identified issue. CASA's role includes developing and disseminating the AD to ensure that all relevant parties are aware of and comply with the stipulated measures.
The AD/JABIRU/2 does not explicitly outline specific offences or penalties for non-compliance. However, failure to adhere to the AD could lead to civil or criminal consequences under broader aviation safety laws. The primary focus of the AD is to ensure safety and compliance, and non-compliance could result in actions taken by CASA, potentially including grounding of the affected aircraft until the required actions are completed. The seriousness of the consequences would depend on the extent of non-compliance and its impact on aviation safety.
In summary, AD/JABIRU/2 is a legislative instrument that sets a 2000-hour life limit for Jabiru AN4 wing attachment bolts, requiring their replacement or removal from service to ensure safety. It imposes obligations on aircraft operators and owners to comply with the directive and follows international standards for continuing airworthiness. While the AD itself does not specify penalties for non-compliance, the overarching aviation safety laws provide mechanisms for enforcement.