AD/PA-25/40 Amdt 9 - Wing Lift Struts

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

Legislation au F2016L01940 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PA-25/40 Amdt 9 — Wing Lift Struts

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 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 subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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. When a foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design. AD/PA-25/40 Amdt 9 applies to the Laviasa (previously Piper) PA-25 Series aircraft.

The United States of America Federal Aviation Administration (FAA) issued AD 2015-08-04 affecting Laviasa (formerly Piper) PA-25 series aeroplanes in 2015. The United States was the state of design for this aircraft type until 2013, however Argentina is now considered the state of design as the type certificate for this aircraft transferred to Lavia Argentina S.A. of Argentina in July 2013. The Argentinian Administracion Nacional de Aviacion Civil (ANAC) has adopted FAA AD 2015‑08‑04 for this aircraft type but not issued an AD. Consequently, whilst the FAA was the state of design, it is now not the State of design for the aircraft and accordingly, there is doubt about whether the FAA AD is a foreign State of Design AD that would have automatic application in Australia. Accordingly, CASA issued this AD/PA-25/40 Amdt 9 to mandate the requirements of FAA AD 2015-08-04. This AD repeals and replaces the previous AD on this subject. FAA AD 2015-08-04 is available via both the FAA and ANAC Argentina websites. [http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/f52f109a2645225786257e36004ea10c/$FILE/2015-08-04.pdf].

 

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, and effectively remakes the previous version of the AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

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 instrument 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.

The instrument commences on 6 January 2017.

[Instrument number AD/PA-25/40 Amdt 9]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/PA-25/40 Amdt 9 – Wing Lift Struts

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 United States of America Federal Aviation Administration (FAA) issued AD 2015-08-04 affecting Laviasa (formerly Piper) PA-25 series aeroplanes in 2015. The United States was the state of design for this aircraft type until 2013, however Argentina is now considered the state of design as the type certificate for this aircraft transferred to Lavia Argentina S.A. of Argentina in July of 2013. The Argentinian Administracion Nacional de Aviacion Civil (ANAC) has adopted FAA AD 2015‑08‑04 for this aircraft type, but there is doubt as to whether the AD is a foreign State of design AD that would have automatic application in Australia. Consequently, CASA has issued AD/PA-25/40 Amdt 9 to mandate the requirements of FAA AD 2015-08-04. This AD repeals and replaces the previous AD on this subject.

The primary purpose of this legislative instrument is to mandate the requirements of FAA AD 2015-08-04.

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, as amended by AD/PA-25/40 Amdt 9, were enacted to address the need for maintaining the continuing airworthiness of aircraft registered in Australia, specifically concerning the Laviasa (previously Piper) PA-25 Series aircraft. This amendment was introduced to mandate the requirements of the United States Federal Aviation Administration's Airworthiness Directive (AD) 2015-08-04, which pertains to the wing lift struts of the aircraft. The Civil Aviation Safety Authority (CASA), acting under the authority conferred by section 98 of the Civil Aviation Act 1988, issued this AD to ensure compliance with international standards and to maintain safety standards consistent with Annex 8 to the Convention on International Civil Aviation. This legislative instrument aims to ensure that the Laviasa PA-25 Series aircraft continue to meet the necessary safety requirements despite the change in the State of Design from the United States to Argentina.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 9, concerning Wing Lift Struts (AD/PA-25/40 Amdt 9), applies specifically to the Laviasa (previously Piper) PA-25 Series aircraft, mandating the requirements of FAA AD 2015-08-04. This amendment, made under the Civil Aviation Act 1988, ensures that the safety regulations pertaining to the aircraft are consistent with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The amendment, issued by the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority, aims to maintain the continuing airworthiness of the specified aircraft type. It effectively replaces the previous AD on this subject, ensuring that all relevant stakeholders comply with the updated safety directives. The amendment is applicable nationwide and does not include any specific exclusions or exemptions, reflecting CASA's commitment to ensuring the highest safety standards in civil aviation.

Key Provisions

The Civil Aviation Safety Regulations 1998, specifically Amendment 9 (AD/PA-25/40), pertains to the Laviasa (previously Piper) PA-25 Series aircraft, focusing on the wing lift struts. This amendment mandates adherence to the requirements outlined in FAA AD 2015-08-04, which addresses specific safety concerns related to the aircraft's wing lift struts (section 39.001 of CASR 1998). The key sections of this amendment detail the requirements for inspecting, repairing, and replacing the wing lift struts to ensure the continued airworthiness of the aircraft. Under this amendment, the Civil Aviation Safety Authority (CASA) imposes several obligations on the operators and owners of Laviasa PA-25 Series aircraft. These include conducting the required inspections and maintenance actions as stipulated in FAA AD 2015-08-04 within specified timeframes. Operators must ensure that any identified defects are rectified in accordance with the AD and maintain accurate records of all inspections and repairs performed. Furthermore, CASA mandates that all maintenance actions be carried out by appropriately licensed and qualified personnel. Failure to comply with the requirements set out in AD/PA-25/40 Amdt 9 can result in severe consequences. Operators who do not adhere to the mandated inspection and maintenance schedules may face civil penalties. Under the Civil Aviation Act 1988, CASA has the authority to issue fines for non-compliance with airworthiness directives, with the maximum penalty varying based on the severity of the non-compliance. Additionally, non-compliance can lead to the grounding of the aircraft until the required actions are completed, which can significantly impact the operator's ability to conduct flights. The AD also serves as a reminder that non-compliance with airworthiness directives can result in criminal charges under the Civil Aviation Act 1988, with potential penalties including imprisonment for serious breaches. CASA is empowered to take enforcement actions to ensure that all operators comply with the mandated safety requirements, thereby maintaining the highest standards of aviation safety.

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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.