AD/PA-31/123 Amdt 1 Wing Spar Splice Plate (Navajo)

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

Legislation au F2019L01356 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PA-31/123 Amdt 1 — Wing Spar Splice Plate (Navajo)

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 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.

CASA issued AD/PA-31/123 to correct an unsafe situation on Piper PA-31 series aircraft in 1994. The AD was issued to mandate a retirement life for Piper PA-31 series wing spar splice plates. The State of Design for this type, the United States of America Federal Aviation Administration (FAA), had not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has issued AD/PA-31/123 Amdt 1 to clarify the compliance section of the AD, remove the requirement to forward removed parts to CASA, add a new model to the applicability, and to add reference to related documents. This AD repeals and replaces the previous AD on this subject.


Documents Incorporated by Reference

Piper Service Bulletin 1003 dated 16 June 1997, is incorporated by reference, as in force at the date of this AD, and provides instructions for the replacement of the main wing spar splice plate.

Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

CASA AD/PA-31/37 as in force from time to time, provides guidance regarding CASA approved inspection programs. The AD is freely available at the following internet address:

http://services.casa.gov.au/airworth/airwd/ADfiles/UNDER/PA-31/PA-31-037.pdf

The AD refers to an FAA AD, but this AD is not incorporated by reference. It is simply referred to in a note to explain the FAA AD also applies Piper Service Bulletin 1003, for information purposes.

Consultation

This AD is being made at the request of industry, in particular an operator of the Piper PA-31 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the compliance section, removing a requirement to forward removed parts to CASA and adding reference to related documents, 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 25 October 2019.

[Instrument number AD/PA-31/123 Amdt 1]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/PA-31/123 Amdt 1 — Wing Spar Splice Plate (Navajo)

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

CASA issued AD/PA-31/123 to correct an unsafe situation on Piper PA-31 series aircraft in 1994. The AD was issued to mandate a retirement life for Piper PA-31 series wing spar splice plates. The State of Design for this type, the United States of America Federal Aviation Administration (FAA), had not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/PA-31/123 to clarify the compliance section of the AD, remove the requirement to forward removed parts to CASA, add a new model to the applicability, and to add reference to related documents.

The primary purpose of this legislative instrument is to update the AD. Primarily to clarify the compliance section and remove redundant requirements.

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-31/123 Amdt 1, address the issue of an unsafe condition identified in the Piper PA-31 series aircraft, specifically concerning the wing spar splice plates. Enacted by the Australian Government through the Civil Aviation Safety Authority (CASA), this legislation aims to ensure the continuing airworthiness of aircraft within Australian airspace. The problem identified relates to the fatigue life of the wing spar splice plates in Piper PA-31 series aircraft, which had not been addressed by the State of Design, the United States of America Federal Aviation Administration (FAA). CASA issued AD/PA-31/123 in 1994 to mandate a retirement life for these splice plates, and subsequently, AD/PA-31/123 Amdt 1 was introduced to clarify compliance requirements, remove the necessity for operators to send removed parts to CASA, expand the AD's applicability to include a new model, and reference related documents. This legislative instrument was made in response to industry requests and is designed to enhance safety without imposing undue burdens on aircraft operators.

Scope and Application

The AD/PA-31/123 Amdt 1 applies to aircraft operators, maintenance personnel, and other relevant parties involved in the operation and maintenance of Piper PA-31 series aircraft registered in Australia. The AD pertains specifically to the wing spar splice plate, mandating its replacement to address an identified unsafe condition. The AD is issued under the authority of the Civil Aviation Safety Regulations 1998 and is a legislative instrument that carries the force of law within Australia. It is applicable nationally, affecting all Piper PA-31 series aircraft registered under the Civil Aviation Safety Authority (CASA). The AD excludes any aircraft that are not part of the specified series or those that have already been modified in compliance with the requirements set forth. The AD does not establish any new exemptions or thresholds but rather refines existing requirements. The scope of the AD may be extended or restricted through subordinate instruments issued by CASA.

Key Provisions

The key provisions of AD/PA-31/123 Amdt 1 revolve around ensuring the safety of Piper PA-31 series aircraft by addressing the unsafe condition related to the wing spar splice plates. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purpose of implementing the Convention on International Civil Aviation, particularly regarding safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for a kind of aircraft or aeronautical product. The AD in question amends the original AD/PA-31/123 to clarify compliance requirements, remove the necessity to forward removed parts to CASA, extend the applicability to include an additional model, and incorporate references to related documents. The obligations imposed by AD/PA-31/123 Amdt 1 on the relevant parties include ensuring that the specified Piper PA-31 series aircraft meet the updated compliance requirements outlined in the AD. Aircraft operators must adhere to the clarified instructions for replacing the main wing spar splice plate, as outlined in the incorporated Piper Service Bulletin 1003. Operators must also ensure that the relevant sections of the technical documents, which are proprietary and available for viewing only, are properly referenced and implemented in their operations. Furthermore, operators must maintain a subscription to relevant aircraft or engine manufacturer documentation to stay compliant with the AD and other related directives. Any breach of the provisions set out in AD/PA-31/123 Amdt 1 could lead to serious safety implications, potentially resulting in the grounding of non-compliant aircraft. While specific penalties are not detailed in the explanatory statement, non-compliance with ADs generally could lead to enforcement actions under the Civil Aviation Act 1988, which may include fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. Operators found in violation of the AD could face significant operational disruptions and legal consequences, underscoring the importance of strict adherence to the directive.

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Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Enforcement Powers
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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.