AD/PA-31/132 Flap Extension System

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

Legislation au F2020L00051 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PA-31/132 — Flap Extension System

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. Under subsection 98 (5D) of the Act, a legislative instrument made under 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.

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.

The United States of America Federal Aviation Administration (FAA) issued AD 82-27-13 R2 affecting Piper PA-31 series aeroplanes in 1983. The United States of America is the State of Design for this aircraft type.

 

CASA issued AD/PA-31/101 Amdt 4, AD/PA31-102 Amdt 3 and AD/PA-31/51 Amdt 1 to address the unsafe condition addressed by FAA AD 82-27-13 R2. This AD consolidates and clarifies the requirements of those 3 CASA ADs by replacing them with a single AD that mandates compliance with the requirements of FAA AD 82‑27‑13 R2.

Documents Incorporated by Reference

The AD incorporates matter contained in FAA AD 82-27-13 R2, as in force from time to time. FAA AD 82-27-13 R2 is freely available on the FAA website at:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAD.nsf/AOCADSearch/38AC2DD21DBDB8B7862569A6005C9276?OpenDocument

The AD also refers to various Piper Service Documents for information, but does not directly apply, adopt or incorporate matter in those documents. Those documents 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.

Consultation

As AD/PA-31/132 is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, 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 29 February 2020.

[Instrument number AD/PA-31/132]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/PA-31/132 – Flap Extension System

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 82‑27-13 R2 affecting Piper PA-31 series aeroplanes in 1983. The United States of America is the State of Design for this aircraft type.

 

CASA issued AD/PA-31/101 Amdt 4, AD/PA31-102 Amdt 3 and AD/PA-31/51 Amdt 1 to address the unsafe condition addressed by FAA AD 82-27-13 R2. This AD consolidates and clarifies the requirements of those 3 CASA ADs by replacing them with a single AD that mandates compliance with the requirements of FAA AD 82‑27‑13 R2.

 

The primary purpose of this legislative instrument is to address an unsafe condition with the flaps on Piper PA-31 aircraft by mandating compliance with the requirements of FAA AD 82-27-13 R2.

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 (CASR) were enacted to ensure the safety and efficiency of civil aviation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that implement international safety standards, including those from the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD) under regulation 39.001 of the CASR to enforce these safety standards. This legislative framework enables CASA to address unsafe conditions and maintain the continuing airworthiness of aircraft. The policy objective is to align Australian regulations with international safety standards, ensuring that aircraft operating in Australian airspace meet stringent safety requirements. The Civil Aviation Safety Regulations 1998 were introduced by the Australian Parliament to create a comprehensive regulatory environment for civil aviation safety. The introduction of AD/PA-31/132 is a specific example of how CASA implements international safety directives within Australian jurisdiction. The United States Federal Aviation Administration (FAA) issued AD 82-27-13 R2 in 1983 concerning unsafe conditions with the flaps on Piper PA-31 series aeroplanes. CASA, as the national airworthiness authority, consolidated and clarified previous directives with this new AD, ensuring compliance with FAA AD 82-27-13 R2. The AD incorporates FAA AD 82-27-13 R2 and mandates its requirements, ensuring that Australian operators of Piper PA-31 aircraft address the identified safety issue. This legislative instrument commenced on 29 February 2020, demonstrating CASA's commitment to maintaining high safety standards in line with international obligations.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 provide the framework for the regulation of civil aviation safety in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (AD) for specific kinds of aircraft or aeronautical products to ensure the continuing airworthiness of these aircraft. The AD in question, AD/PA-31/132, applies specifically to Piper PA-31 series aeroplanes registered in Australia and mandates compliance with the requirements of FAA AD 82-27-13 R2, which addresses a previously identified unsafe condition related to the flap extension system of these aircraft. This AD consolidates and clarifies previous CASA directives by replacing them with a single directive that aligns with the FAA's requirements. The AD applies nationally, and its scope extends to all aircraft operators within Australia who operate Piper PA-31 series aeroplanes. While the AD incorporates the FAA's directive by reference, it does not adopt or incorporate proprietary service documents from the aircraft manufacturer, though CASA may provide access to relevant sections of these documents by arrangement for those directly affected. The AD does not specify any exclusions, exemptions, or thresholds, and it is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for a kind of aircraft or aeronautical product. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations to give effect to the Convention on International Civil Aviation relating to safety. Under this framework, AD/PA-31/132 pertains to the Piper PA-31 series aeroplanes, consolidating and replacing previous CASA ADs (AD/PA-31/101 Amdt 4, AD/PA31-102 Amdt 3 and AD/PA-31/51 Amdt 1) to ensure compliance with the requirements of FAA AD 82-27-13 R2. The AD imposes specific obligations on the parties and entities it governs, primarily focusing on maintaining the continuing airworthiness of Piper PA-31 series aeroplanes. The directives mandate compliance with FAA AD 82-27-13 R2, which addresses an unsafe condition related to the flap extension system of these aircraft. This includes ensuring that all necessary inspections, repairs, and modifications are performed in accordance with the specified requirements. Aircraft operators and maintenance providers must adhere to these directives to ensure that the aircraft remain airworthy. Breach of these airworthiness directives may result in civil and criminal consequences. Civil Aviation Safety Regulations 1998 include provisions for penalties and enforcement actions against individuals and entities that fail to comply with ADs. Penalties for non-compliance can include fines and other administrative actions. In more severe cases, criminal charges may be pursued, leading to imprisonment or additional fines, particularly if non-compliance results in safety incidents or accidents. The specific penalties are outlined in the CASR, and the severity of the penalty depends on the nature and extent of the non-compliance. The legislative instrument also references FAA AD 82-27-13 R2 and various Piper Service Documents for detailed technical information, though it does not directly apply or incorporate the content of the proprietary documents. CASA, as Australia’s national airworthiness authority, will make relevant sections of these documents available for viewing by affected operators or interested parties. This ensures that stakeholders have access to necessary information for compliance without infringing on the proprietary rights of the documents' authors.

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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.