AD/PW100/5 Amdt 2 - Intercompressor Case Fire

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Legislation au F2017L00535 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PW100/5 Amdt 2 — Intercompressor Case Fire

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/PW100/5 Amdt 2 applies to Pratt and Whitney PW100 series engines.

Transport Canada issued AD CF-91-26R1 affecting Pratt and Whitney Canada PW100 series engines in 1992. Canada is the State of Design for this engine type. CASA subsequently issued AD/PW100/5 Amdt 1 to mandate the requirements of Transport Canada AD CF-91-26R1. As a result of a request from industry, CASA has issued AD/PW100/5 Amdt 2 to correct a typographical error in the model number for PW126A engines in the applicability paragraph of the AD. This AD repeals and replaces the previous AD on this subject.

 

Transport Canada AD CF-91-26R1 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=.

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 correcting a minor typographical error in an engine model number, 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.

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/PW100/5 Amdt 2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/PW100/5 Amdt 2 – Intercompressor Case Fire

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-91-26R1 affecting Pratt and Whitney Canada PW100 series engines in 1992. Canada is the State of Design for this engine type. CASA subsequently issued AD/PW100/5 Amdt 1 to mandate the requirements of Transport Canada AD CF-91-26R1. As a result of a request from industry, CASA has repealed and replaced AD/PW100/5 Amdt 1 to correct a typographical error in the model number for PW126A engines in the applicability paragraph of the AD.

The primary purpose of this legislative instrument is to correct a minor typographical error in an engine model number.

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. They provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. ADs are a key mechanism for ensuring the continuing airworthiness of aircraft, and CASA, as Australia's national airworthiness authority, issues ADs to implement requirements set by the State of Design, typically the country where the aircraft or product is manufactured. This regulatory framework is essential for maintaining high safety standards in Australian civil aviation, aligning with international standards set by the Convention on International Civil Aviation. The CASR 1998 was introduced by the Australian Parliament to address the need for a robust regulatory system that ensures the safety and airworthiness of aircraft operating within Australian airspace, thereby protecting public safety and facilitating the orderly development of civil aviation.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 2 (AD/PW100/5 Amdt 2) applies specifically to Pratt and Whitney PW100 series engines, which are subject to airworthiness directives issued by the Civil Aviation Safety Authority (CASA). This legislative instrument pertains to the State of Registry of aircraft operating these engines in Australia. The amendment was prompted by a typographical error identified in the previous airworthiness directive (AD/PW100/5 Amdt 1), which mandated the requirements of a Canadian AD issued in 1992. The amendment corrects a minor error in the model number for PW126A engines and repeals the previous directive, ensuring that the regulatory requirements accurately reflect the intended engine models. Given that this amendment pertains to a technical correction and does not alter existing airworthiness standards, CASA deemed further consultation unnecessary under the Legislation Act 2003. The amendment commenced on 26 May 2017, reflecting CASA's role in maintaining the safety and airworthiness of aircraft in Australia in alignment with international standards.

Key Provisions

The primary operative sections of the AD/PW100/5 Amdt 2 are those that correct a typographical error in the model number for PW126A engines in the applicability paragraph of the AD. This amendment is a minor correction to the previously issued AD/PW100/5 Amdt 1. The amendment is designed to ensure clarity and accuracy in the identification of the engine models affected by the airworthiness directive, thereby maintaining the integrity of the continuing airworthiness requirements for Pratt and Whitney PW100 series engines. The changes made are purely administrative and do not alter the substantive safety requirements previously mandated. The obligations and requirements imposed by the AD/PW100/5 Amdt 2 primarily involve ensuring that Pratt and Whitney PW100 series engines, specifically those with the corrected model number PW126A, comply with the airworthiness directives as mandated by the Australian Civil Aviation Safety Authority (CASA). Operators and owners of aircraft equipped with these engines must ensure that any required actions or inspections are carried out in accordance with the updated directive. This includes following any specific maintenance schedules, inspection procedures, or design changes specified in the airworthiness directive to maintain the safety and airworthiness of the aircraft. In terms of offences, penalties, or civil/criminal consequences for breach, it is important to note that compliance with airworthiness directives is mandatory under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with these directives can result in severe consequences, including potential criminal charges under the Act. The penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. Specifically, under section 98 of the Civil Aviation Act 1988, an individual who contravenes the Act or regulations can be fined up to $222,200 for a corporation and imprisonment for up to five years. For natural persons, the fines can be up to $44,440 and imprisonment for up to one year. Additionally, CASA can issue compliance orders and take enforcement actions to ensure adherence to the airworthiness directives.

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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.