Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/PZL/5 Amdt 1 — Centre Wing to Outboard Wing Attachment Joints
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. 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 aviation authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/PZL/5 Amdt 1 applies to the PZL-Miele M-18 Dromader Series aircraft.
The United States of America Federal Aviation Administration (FAA) issued AD 2000-18-12 Amdt 39-11897 affecting Polskie Zaklady Lotnickze Co. Ltd (PZL)‑Mielec M-18 Dromader series aeroplanes in 2000. Poland is the State of Design for this aircraft type. CASA subsequently issued AD/PZL/5 to mandate the requirements of FAA AD 2000-18-12. As a result of a recent accident involving a PZL M-18 aircraft and review of AD/PZL/5, CASA has issued AD/PZL/5 Amdt 1 to include an additional visual inspection at each 100 hours corrected flight time and removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage every 2500 hours corrected flight time. The manufacturer requires visual inspection every 100 hours corrected flight time and the removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage after 3000 hours corrected flight time. The previous airworthiness directive specified 2500 hours as a result of a crack being found in the attachment joint and repeat inspections without the wings being removed every 500 flight hours. This AD repeals and replaces the previous AD on this subject.
Consultation
This AD is being made as a result of a recent accident involving a PZL-M-18 aircraft. This AD introduces an additional visual inspection at each 100 hours corrected flight time and the removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage every 2500 hours corrected flight time. The manufacturer requires visual inspection every 100 hours corrected flight time and the removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage after 3000 hours corrected flight time. The previous airworthiness directive specified 2500 hours as a result of a crack being found in the attachment joint and repeat inspections without the wings being removed every 500 flight hours. CASA considers the difference with the previous AD is minor or machinery in nature and does not substantially alter the previous AD. Accordingly, CASA considers that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 15 November 2013.
[Instrument number AD/PZL/5 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/PZL/5 Amdt 1 — Centre Wing to Outboard Wing Attachment Joints
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 2000-18-12 affecting PZL-Miele M-18 series aeroplanes in 2000. Poland is the State of Design for this aircraft type. CASA subsequently issued AD/PZL/5 to mandate the requirements of FAA AD 2000-18-12. As a result of a recent accident involving a PZL M-18 aircraft and review of AD/PZL/5, CASA has issued AD/PZL/5 Amdt 1 to include an additional visual inspection at each 100 hours corrected flight time and removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage every 2500 hours corrected flight time. The manufacturer requires visual inspection every 100 hours corrected flight time and the removal of the centre wing and outboard wings to inspect the attachment joints from the fuselage after 3000 hours corrected flight time. The previous airworthiness directive specified 2500 hours as a result of a crack being found in the attachment joint and repeat inspections without the wings being removed every 500 flight hours. CASA has repealed and replaced AD/PZL/5 to include an additional visual inspection requirement and remove the use of an alternative non-destructive inspection procedure.
The primary purpose of this legislative instrument is to prevent the reoccurrence of an unsafe condition that has redeveloped in the PZL M-18 aircraft type.
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