AD/PW100/4 Amdt 1 - Fuel Pump Input Drive Shaft

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Legislation au F2017L00536 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PW100/4 Amdt 1 — Fuel Pump Input Drive Shaft

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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/PW100/4 Amdt 1 applies to the Pratt and Whitney Canada PW100 series engines.

Transport Canada issued AD CF-91-02 affecting Pratt and Whitney Canada PW100 series engines in 1991. Canada is the State of Design for this engine type. CASA subsequently issued AD/PW100/4 to mandate the requirements of Transport Canada AD CF-91-02. As a result of a request from industry, CASA has issued AD/PW100/4 Amdt 1to add the PW126A model to the list of applicable engine models in order to correct the inadvertent omission of this model from the original issue of the AD. This AD repeals and replaces the previous AD on this subject.

 

Transport Canada AD CF-91-02 is freely available from the Transport Canada website at http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/awd-lv-cs1401.asp?rand=.

The Pratt and Whitney Canada Service Bulletin can be obtained from Pratt and Whitney Canada, however, any Australian airline or operator which operates aircraft fitted with the affected engines are provided with these documents by Pratt and Whitney Canada by subscription.

Consultation

This AD is being made at the request of industry, in particular an operator of Pratt and Whitney Canada PW100 series engines. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from adding an engine model to the list of affected engine models, 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. 

Note:  There are currently no aircraft on the Australian Aircraft Register fitted with the PW126A engine model and consequently no operators of Australian aircraft will be affected when the AD commences.

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 26 May 2017.

[Instrument number AD/PW100/4 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/PW100/4 Amdt 1 – Fuel Pump Input Drive Shaft

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

Transport Canada issued AD CF-91-02 affecting Pratt and Whitney Canada PW100 series engines in 1991. Canada is the State of Design for this engine type. CASA subsequently issued AD/PW100/4 to mandate the requirements of Transport Canada AD CF-91-02. As a result of a request from industry, CASA has repealed and replaced AD/PW100/4 to add the PW126A model to the list of applicable engine models in order to correct the inadvertent omission of this model from the original issue of the AD.

The primary purpose of this legislative instrument is to amend the applicability section of the AD.

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 1998) were enacted to ensure the safety of civil aviation in Australia, and they provide the framework for making airworthiness directives (ADs) to maintain airworthiness standards. AD/PW100/4 Amdt 1, issued by the Civil Aviation Safety Authority (CASA), amends an existing AD to address an inadvertent omission of the PW126A engine model within the Pratt and Whitney Canada PW100 series engines. This amendment responds to a request from industry to correct this oversight. The AD is a legislative instrument under section 98 of the Civil Aviation Act 1988, made pursuant to the power vested in CASA under regulation 39.001 of the CASR 1998. The policy objective is to ensure the continuing airworthiness of aircraft by aligning Australian regulations with those of the State of Design, Canada, and correcting the scope of the original AD to include all relevant engine models.

Scope and Application

The AD/PW100/4 Amdt 1 issued under the Civil Aviation Safety Regulations 1998 pertains specifically to the Pratt and Whitney Canada PW100 series engines, particularly correcting an omission by adding the PW126A model to the list of affected engine models. This amendment applies to all entities and persons involved in the operation of aircraft fitted with the specified engine models, although currently, no Australian aircraft are reported to be fitted with the PW126A engine model. The AD is a legislative instrument that extends the mandate of an original Transport Canada airworthiness directive issued in 1991, and it comes into effect on 26 May 2017. The AD is issued by the Civil Aviation Safety Authority (CASA) in its capacity as Australia's national airworthiness authority, ensuring compliance with international standards for continuing airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation. Given the specific nature of the amendment, CASA deemed further consultation unnecessary under the Legislation Act 2003 and did not prepare a Regulation Impact Statement, in accordance with an existing agreement between CASA and the Office of Best Practice Regulation. Additionally, the legislative instrument has been assessed for compatibility with human rights, concluding that it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) under regulation 39.001. AD/PW100/4 Amdt 1 pertains specifically to the Pratt and Whitney Canada PW100 series engines, amending AD/PW100/4 to include the PW126A model, which was inadvertently omitted in the original directive. This amendment ensures that all relevant engine models are covered under the safety requirements mandated by CASA. The AD is issued under the authority conferred by section 98 of the Civil Aviation Act 1988 and is considered a legislative instrument. The obligations imposed by AD/PW100/4 Amdt 1 require Australian operators of Pratt and Whitney Canada PW100 series engines, including the newly included PW126A model, to adhere to the safety standards and maintenance procedures outlined in the AD. Operators must ensure that their maintenance and operational practices comply with the directive to maintain the airworthiness of their aircraft. CASA, as the national airworthiness authority, is responsible for assessing compliance and may take enforcement actions if necessary. Failure to comply with AD/PW100/4 Amdt 1 can result in significant civil and criminal consequences. Under section 94 of the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions by CASA, which may include fines or other penalties. The maximum penalty for non-compliance with an AD is specified in the Act, and in severe cases, it can result in criminal charges. Additionally, non-compliance can lead to the grounding of aircraft, which can have serious operational and financial repercussions for operators. The AD also includes a Statement of Compatibility with Human Rights, confirming that the legislative instrument does not engage any of the applicable rights or freedoms as recognised in international human rights instruments. This ensures that the AD does not infringe upon human rights and is therefore compatible with human rights obligations. The AD is made under the delegation authority provided by subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988, and it commenced on 26 May 2017.

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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.