Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/JABIRU/3 — Aileron Control Tube
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), 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.
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/3 to mandate an aircraft manufacturer’s Service Bulletin (JSB 042-1) which was issued to address an in-service problem which could develop into an unsafe condition in Jabiru aircraft.
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 mandates and inspection of the aileron control tube and remedial action if cracks are discovered. The AD does not affect most Australian operators of Jabiru aircraft as the manufacturer’s Service Bulletins are already mandatory in for light sport aircraft in Australia. The AD is issued to mandate the same requirements for aircraft registered overseas.
Documents Incorporated by Reference
The AD incorporates by reference Jabiru Service Bulletin JSB 042-1 – Jabiru Aileron control tube dated 17 May 2019, which specifies how and when the aileron control tube is to be inspected. For subsection 98 (5D) of the Act, this document is incorporated as it exists from time to time. The document is freely available from the aircraft manufacturer’s website.
Consultation
CASA consulted with the Australian aviation industry and the general public via CASA Proposed Airworthiness Directive PAD/JABIRU/3 which was open for comment for a period of eight weeks with comments closing on 29 January 2021.
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 sub regulation 11.260 (1) of CASR and subsection 94 (1) of the Act.
The instrument commences on 21 March 2021.
[Instrument number AD/JABIRU/3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/JABIRU/3 – Aileron Control Tube
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/3 has been issued to mandate an aircraft manufacturer’s Service Bulletin (JSB 042-1) which was issued to address an in-service problem which could develop into an unsafe condition in Jabiru aircraft.
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 extends the currently mandated service life for the improved ribs. The AD does not affect Australian operators of GA8 aircraft as the manufacturer’s Airworthiness Limitations are already mandatory in Australia. The AD is issued to mandate the same requirements for aircraft registered overseas.
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