AD/PA-28/40 Amdt 2 - Wing Rear Spar - Inspection

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation and ensure the safety of air navigation. One of its provisions allows the Governor-General to make regulations, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and serve to address gaps in maintaining the continuing airworthiness of aircraft, as mandated by international standards such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, issues these directives to enforce the requirements set by the State of Design and ensure the safety and compliance of aircraft registered in Australia. The policy objective is to maintain and improve the safety standards of civil aviation in Australia by ensuring that all aircraft meet necessary airworthiness criteria.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft and aeronautical products registered in Australia. These directives are issued to ensure the continuing airworthiness of aircraft and to mandate compliance with specific safety requirements as determined by CASA. The geographic reach of these regulations is national, applying to all aircraft registered within Australia. ADs are legislative instruments subject to disallowance and are part of the regulatory framework designed to uphold international standards set by the International Civil Aviation Organization (ICAO). The State of Design is primarily responsible for the airworthiness of an aircraft type, but the State of Registry, in this case, CASA, must ensure these standards are met within Australia. ADs are essential tools in maintaining safety and airworthiness, and CASA has the authority to issue and amend these directives as necessary. For example, CASA issued AD/PA-28/40 Amendment 1 and subsequently Amendment 2, aimed at detecting and repairing corrosion in the wing main spar of Piper PA-28 aircraft, demonstrating the authority's proactive approach to safety concerns. These amendments are designed to balance safety requirements with operational efficiency, reducing the regulatory burden on the industry while ensuring compliance with safety standards.

Key Provisions

The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. The obligations imposed by these provisions include the responsibility of the State of Design to maintain the continuing airworthiness of aircraft types and to provide necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is required to develop or adopt requirements ensuring the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by the State of Design concerning an aircraft type registered in Australia, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. An example of such regulatory action is AD/PA-28/40 Amendment 1, which was raised by CASA to address corrosion in the wing main spar of Piper PA-28 aircraft. Following a review of this directive, CASA amended it to include terminating action for repetitive inspections, thereby reducing the regulatory burden on the Australian aviation industry. The updated directive, AD/PA-28/40 Amendment 2, became effective on 30 July 2009, replacing the previous version. Notably, CASA did not consult with the industry or the public for this amendment, as it was determined to lessen the regulatory load on the industry. The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Failure to adhere to the requirements set forth in an AD can result in significant penalties. For instance, section 84A(2) of the Civil Aviation Act 1988 stipulates that the Manager, Airframes and Structures can impose fines up to $50,600 for each day an aircraft is operated in non-compliance with an AD. Furthermore, section 84A(1) of the Act allows for the issuance of a compliance order, which can mandate corrective actions to bring the aircraft into compliance. Additionally, the Act provides for civil and criminal penalties, including imprisonment, for more severe breaches, highlighting the importance of adhering to airworthiness directives.