AD/P68/28 Amdt 4 - Engine Mount Fittings

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Legislation au F2013L00523 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/P68/28 Amdt 4 — Issue of Airworthiness Directives

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an 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 ICAO 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.  When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. AD/P68/28 applies to the Partenavia P68 aircraft which is an Italian aircraft.

 

The Italian national aviation authority Ente Nazionale per L’Aviazone Civile (ENAC) approved Partenavia Service Bulletin 70 Revision 2, affecting Partenavia P68 aircraft, in 1989. Italy is the State of Design for the P68 aircraft. As a result of a request from industry, CASA has amended AD/P68/28 to reference amended Partenavia Service Bulletin 70 Revision 2. The amended AD, AD/P68/28 Amendment 4, will become effective on 29 March 2013. This AD cancels and replaces the previous issue.

 

Consultation

This amendment is being made at the request of industry, in particular an operator of the P68 aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating a reference to a Partenavia Service Bulletin, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 29 March 2013.

 

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.

 

[Instrument number AD/P68/28 Amdt 4]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/P68/28 Amdt 4 – Engine Mount Fittings

 

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 Italian national aviation authority approved Partenavia Service Bulletin 70 Revision 2, affecting Partenavia P68 aircraft, in 1989. Italy is the State of Design for P68 aircraft. As a result of a request from industry, CASA has amended AD/P68/28 to reference amended Partenavia Service Bulletin 70 Revision 2. The amended AD, AD/P68/28 Amendment 4, will become effective on 29 March 2013. It cancels and replaces the previous issue.

 

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 they provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). In accordance with section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products. The policy objective behind this regulatory framework is to maintain the highest possible safety standards in the aviation industry, aligning with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, amended by AD/P68/28 Amendment 4, specifically address the continuing airworthiness of the Partenavia P68 aircraft, an Italian design, and mandate requirements set forth by the State of Design. The amendment was made at the request of industry, particularly an operator of the P68 aircraft, and it updates the reference to a Partenavia Service Bulletin without substantially altering existing arrangements. The compatibility of this legislative instrument with human rights has been affirmed, as it does not engage any of the applicable rights or freedoms.

Scope and Application

The AD/P68/28 Amendment 4 is a legislative instrument issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. It applies specifically to Partenavia P68 aircraft, an Italian aircraft type, and mandates the requirements set out in the amended Partenavia Service Bulletin 70 Revision 2, which was approved by the Italian national aviation authority, Ente Nazionale per L’Aviazone Civile (ENAC), in 1989. The AD/P68/28 Amendment 4 becomes effective on 29 March 2013, replacing the previous issue of the AD. This amendment was made in response to a request from industry, specifically an operator of the P68 aircraft, and as it does not substantially alter existing arrangements apart from updating a reference to a Partenavia Service Bulletin, no further consultation of the Australian public has taken place. The AD applies to aircraft registered in Australia, ensuring their continuing airworthiness in line with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Specifically, AD/P68/28 Amendment 4 pertains to the Partenavia P68 aircraft, an Italian aircraft, and updates the reference to Partenavia Service Bulletin 70 Revision 2. This amendment is effective from 29 March 2013, replacing the previous AD/P68/28. This directive was made in response to a request from industry and does not significantly alter existing arrangements beyond updating a reference to the Partenavia Service Bulletin. The AD imposes certain obligations on the operators of the Partenavia P68 aircraft. Primarily, these operators must comply with the updated service bulletin referenced in AD/P68/28 Amendment 4, ensuring the aircraft's continued airworthiness. Given that Italy is the State of Design, operators must adhere to the specifications and requirements detailed in the updated bulletin, which CASA has deemed necessary for maintaining safety standards. This includes implementing any necessary repairs, modifications, or inspections as outlined in the bulletin. Failure to comply with the AD could result in serious safety implications and legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, under general aviation regulations, violations can lead to enforcement actions such as fines, suspension, or revocation of the aircraft's certificate of airworthiness. Additionally, operators could face criminal charges if non-compliance results in accidents or other safety breaches, potentially leading to imprisonment or significant financial penalties. The AD/P68/28 Amendment 4 has been deemed compatible with human rights, as outlined in the Statement of Compatibility with Human Rights attached to the legislative instrument. This statement confirms that the amendment does not infringe upon any human rights or freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Consequently, the AD does not engage any applicable rights or freedoms, ensuring that its implementation does not contravene any human rights obligations.

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