AD/JABIRU/4 Control Surface Hinge - Inspections

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

Legislation au F2021L00589 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/JABIRU/4 — Control Surface Hinge - Inspections

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/JABIRU/4 to mandate compliance with an aircraft manufacturer’s Service Bulletin (JSB 044-1) 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. AD/JABIRU/4 mandates an inspection to check that all control surface hinges are in serviceable condition. Corrective action must be taken if the hinge is found to have any corrosion or cracking. AD/JABIRU/4 does not affect most Australian operators of Jabiru aircraft as the manufacturer’s Service Bulletins are already mandatory for light sport aircraft in Australia. AD/JABIRU/4 is issued to mandate the same requirements for aircraft registered overseas.

Documents Incorporated by Reference

AD/JABIRU/4 incorporates by reference Jabiru Service Bulletin JSB 044-1 – Jabiru Control Surface Hinge Inspection dated 8 January 2021, which specifies how and when the control surface hinges are 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, at the following internet address:

 

https://jabiru.net.au/wp-content/uploads/2021/01/JSB044-1-Jabiru_Control_Hinge_inspection.pdf

 

Consultation

CASA has consulted with the Australian aviation industry and the general public via CASA Proposed Airworthiness Directive PAD/JABIRU/4 which was open for comment for a 4 week consultation period ending on 10 March 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 May 2021.

[Instrument number AD/JABIRU/4]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/JABIRU/4 — Control Surface Hinge - Inspections

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/4 has been issued to mandate inspections of control surface hinges for certain Jabiru aircraft in accordance with the manufacturer’s instructions.

As Australia is the State of Design for the type, the Civil Aviation Safety Authority (CASA) is required to develop, and to transmit to other States of Registry, an AD to correct the problem. AD/JABIRU/4 mandates an inspection to check that all control surface hinges are in serviceable condition. Corrective action must be taken if the hinge is found to have any corrosion or cracking. AD/JABIRU/4 does not affect most Australian operators of Jabiru aircraft as the manufacturer’s Service Bulletins are already mandatory for light sport aircraft in Australia. AD/JABIRU/4 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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure that civil aviation operations in Australia adhere to international safety standards, particularly those set by the Convention on International Civil Aviation. This legislation empowers the Governor-General to create regulations that enforce these international safety provisions, with a specific focus on the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA), under the authority granted by regulation 39.001 of the CASR, issues airworthiness directives (ADs) to address safety concerns for specific aircraft or aeronautical products. One such directive, AD/JABIRU/4, was issued to address an in-service problem identified in Jabiru aircraft, mandating inspections of control surface hinges to prevent potential unsafe conditions. This directive was necessary because Australia, as the State of Design, has the responsibility to ensure the airworthiness of the aircraft type and to communicate these requirements to other States of Registry. AD/JABIRU/4 aligns with the manufacturer’s Service Bulletin JSB 044-1, ensuring that all control surface hinges are inspected and maintained in a serviceable condition, with corrective actions required for any found corrosion or cracking.

Scope and Application

The AD/JABIRU/4 is an airworthiness directive issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This directive applies to all Jabiru aircraft, irrespective of their registration, to ensure the safety and airworthiness of these aircraft by mandating inspections of control surface hinges. The directive is a legislative instrument made under section 98 of the Act, and it incorporates the requirements of Jabiru Service Bulletin JSB 044-1, which specifies the inspection protocols and necessary corrective actions in the event of corrosion or cracking in the control surface hinges. Although the directive primarily impacts Jabiru aircraft registered overseas, it does not affect most Australian operators as the manufacturer's Service Bulletins are already mandatory for light sport aircraft in Australia. The AD/JABIRU/4 was developed following consultations with the Australian aviation industry and the general public and was issued to ensure compliance with international standards for aircraft safety. The directive is compatible with human rights as it does not engage any of the applicable rights or freedoms, as confirmed by the Statement of Compatibility with Human Rights. The AD/JABIRU/4 commences on 21 May 2021 and is intended to maintain the highest standards of aviation safety in line with international conventions and best practices.

Key Provisions

The main operative sections of AD/JABIRU/4 focus on mandating inspections of control surface hinges in certain Jabiru aircraft, aligning with the manufacturer's Service Bulletin JSB 044-1. This airworthiness directive (AD) was issued under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations to ensure safety in civil aviation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products. AD/JABIRU/4 is issued to ensure the continuing airworthiness of Jabiru aircraft by requiring inspections of control surface hinges to prevent unsafe conditions due to corrosion or cracking. This AD incorporates Jabiru Service Bulletin JSB 044-1, which outlines the inspection procedures and timing, and is freely available on the manufacturer’s website. The AD imposes obligations on aircraft owners, operators, and maintenance personnel to conduct regular inspections of control surface hinges in accordance with the specified manufacturer's instructions. These inspections are mandatory for all Jabiru aircraft, regardless of their registration state, to ensure that any signs of corrosion or cracking are identified and addressed promptly. CASA, as the State of Design, has the responsibility to develop and disseminate this directive to ensure compliance and safety standards are met globally. The AD applies to all aircraft of the Jabiru type, ensuring that both domestic and international operators adhere to the same safety protocols. Violation of the requirements set out in AD/JABIRU/4 can result in severe consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to both civil and criminal penalties. Civil penalties can include fines and enforcement actions, while criminal penalties can result in imprisonment for serious breaches. The exact penalties depend on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988. It is crucial for all parties governed by this AD to adhere strictly to the mandated inspection procedures to avoid any legal repercussions and to maintain the safety and airworthiness of the aircraft.

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Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
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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.