Overview

The Civil Aviation Regulations 1998, administered by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, contain provisions designed to ensure the safety of aviation activities in Australia. One such provision, introduced to address specific safety concerns related to aircraft design and maintenance, is the Airworthiness Directive AD/PA-38/23 concerning the Piper PA-38 (Tomahawk) series aeroplanes. This directive was enacted to mitigate the risk of structural failure in the upper forward and aft vertical fin spars of these aircraft, which have been reported to develop cracks at the attachment points of the horizontal stabiliser brackets. The policy objective of this directive is to enhance aviation safety by requiring regular inspections and necessary reinforcements of the specified aircraft parts, thus preventing potential in-flight failures that could endanger lives and property. Compliance with this directive is mandatory for all affected aircraft, specifically model PA-38-112 with serial numbers ranging from 38-78A0001 to 38-82A0122, with inspections and reinforcement actions to be carried out at specified intervals based on the aircraft’s time in service.

Scope and Application

The Civil Aviation Regulations 1998, under PART 39 - 105, pertains to the Civil Aviation Safety Authority’s Schedule of Airworthiness Directives, which specifically governs the maintenance and safety of aircraft in Australia. This particular legislative instrument, AD/PA-38/23, applies to all model PA-38-112 Tomahawk aeroplanes with serial numbers ranging from 38-78A0001 to 38-82A0122. The directive mandates an inspection and reinforcement of the upper forward and aft vertical fin spars to mitigate the risk of cracks that have been observed in the area where the horizontal stabiliser attachment brackets connect to the vertical fin spars. Compliance with this directive requires inspections to be carried out on vertical fins that have accumulated 500 hours of operational time, with further inspections necessary within 25 hours after the initial inspection and at intervals not exceeding 100 hours of operational time until the installation of Kit 764-965. This directive is issued in response to field reports highlighting the occurrence of such cracks and is intended to ensure the continued airworthiness of these aircraft. The scope of this legislative instrument is explicitly limited to the specified model and serial number range of the Piper PA-38 (Tomahawk) aeroplanes. The requirement to adhere to the specified inspection and reinforcement intervals applies to all operators and owners of these aircraft within the Commonwealth of Australia. There are no exclusions or exemptions outlined within the directive itself, although it is important to note that any broader exemptions or specific operational conditions might be defined in subordinate instruments or other regulatory frameworks. This directive underscores the importance of regular maintenance and adherence to safety protocols to prevent potential structural failures in the affected aircraft.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1998 (CAR) concerning the Piper PA-38 (Tomahawk) series aeroplanes include Section 39-105 of the Schedule of Airworthiness Directives (AD/PA-38/23). This section pertains specifically to the upper forward and aft vertical fin spar and mandates inspection and reinforcement procedures for certain model PA-38-112 aeroplanes with serial numbers ranging from 38-78A0001 to 38-82A0122. According to this directive, inspections must be carried out on vertical fins that have accumulated 500 hours of time in service. Once the initial inspection is completed, further inspections must occur within 25 hours of time in service and subsequently at intervals not exceeding 100 hours of time in service until Kit 764-965 is installed. The obligations imposed by the AD/PA-38/23 on the operators and owners of the affected Piper PA-38 aeroplanes include conducting the required inspections and, if necessary, reinforcing the upper forward and aft vertical fin spars as specified. This involves ensuring that the inspection intervals are strictly adhered to and that any detected issues are addressed promptly to maintain the airworthiness of the aircraft. Operators must also maintain records of these inspections and any repairs or reinforcement actions taken, as these records are crucial for compliance and future reference. Failure to comply with the requirements set out in AD/PA-38/23 can lead to serious consequences. The Civil Aviation Safety Authority (CASA) may take enforcement action against operators who do not adhere to these directives, which can include fines, suspension of airworthiness certificates, or other regulatory penalties. Additionally, if a failure to comply results in an incident or accident, the operator could face criminal charges, with potential penalties including imprisonment or substantial fines. The specific penalties for non-compliance are detailed in the broader civil aviation legislation, but the overarching intent is to ensure the highest standards of safety are maintained in the operation of these aircraft.