AD/PZL/5 Amdt 2 - Centre Wing to Outboard Wing Attachment Joints

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Legislation au F2013L01967 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/PZL/5 Amdt 2 — 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 issued AD/PZL/5 Amdt 1 on 15 November 2013. As a result of some typographical errors in AD/PZL/5 Amdt 1 CASA has issued AD/PZL/5 Amdt 2.  The amendments and corrections effected in AD/PZL/5 Amdt 2 are:

 

1. Correction of a maintenance manual reference for the magnetic particle inspection from Section 2.7 to Section 4.27;

2. Removal of reference to 1.e of Section 5.4.3 Verifying inspection, and to make this reference more generic;

3. Updating Note 3 to include other approved maintenance data;

4. Reducing the complexity of the airworthiness directive by amendment of Requirement 1;

5. Removing the 100 hourly inspection;

6. Including an option for an alternative magnetic particle inspection procedure approved by CASA.

 

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 corrects typographical errors in AD/PZL/5 Amdt 1, makes editorial changes to simplify compliance and introduces an option for an alternative magnetic particle inspection procedure approved by CASA. 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 22 November 2013.

 

[Instrument number AD/PZL/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/PZL/5 Amdt 2 — 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 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 issued AD/PZL/5 Amdt 1. CASA has issued AD/PZL/5 Amdt 2 to correct minor typographical errors in AD/PZL/5 Amdt 1, make editorial changes to simplify compliance and introduce an option for an alternative magnetic particle inspection procedure approved by CASA.

 

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

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/PZL/5 Amdt 2, were enacted to address a safety issue identified in the PZL-Mielec M-18 Dromader series aeroplanes, following a recent accident involving this aircraft type. This legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988. The primary objective of this amendment is to correct typographical errors in the previous airworthiness directive, simplify compliance requirements, and introduce an optional alternative magnetic particle inspection procedure approved by CASA. This amendment aims to prevent the recurrence of the unsafe condition that led to the accident and ensures the continuing airworthiness of the aircraft in accordance with international standards. The instrument, which commenced on 22 November 2013, is considered compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (Centre Wing to Outboard Wing Attachment Joints) 2013, identified as F2013L01967, amends Airworthiness Directive AD/PZL/5 concerning the PZL-Mielec M-18 Dromader series aircraft. This legislative instrument applies to all operators and owners of PZL-Mielec M-18 Dromader series aircraft registered in Australia. It is a regulatory measure aimed at ensuring the safety of these aircraft by correcting errors and simplifying compliance procedures identified in a previous airworthiness directive. The amendments include correcting typographical errors, making editorial changes for better clarity, and introducing an alternative inspection procedure approved by the Civil Aviation Safety Authority (CASA). This amendment is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reflecting Australia’s commitment to international aviation safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The amendments are effective from 22 November 2013, and CASA, as Australia’s national aviation authority, ensures the continuing airworthiness of these aircraft within the Australian Register.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by AD/PZL/5 Amdt 2, mandate specific actions regarding the maintenance and inspection of PZL-Mielec M-18 Dromader aircraft. These actions are intended to address safety concerns identified after a recent accident. The primary changes include corrections of typographical errors, simplification of compliance requirements, and the introduction of an alternative magnetic particle inspection procedure approved by the Civil Aviation Safety Authority (CASA). For instance, Section 2.7 of the maintenance manual is corrected to Section 4.27, and the complexity of the airworthiness directive is reduced by amending Requirement 1. Furthermore, AD/PZL/5 Amdt 2 removes the 100-hourly inspection and includes an option for an alternative magnetic particle inspection procedure, provided it is approved by CASA. This airworthiness directive effectively repeals and replaces the previous AD/PZL/5 Amdt 1. The obligations imposed on the parties governed by this airworthiness directive include ensuring that all maintenance and inspection tasks are performed in accordance with the updated procedures outlined in AD/PZL/5 Amdt 2. Specifically, operators and maintenance personnel must correct the referenced maintenance manual section, remove the erroneous references, update the relevant notes, and adhere to the simplified requirements. Additionally, operators must ensure that any alternative magnetic particle inspection procedure is approved by CASA before implementation. Failure to comply with these obligations can result in serious safety risks and potential legal repercussions. In terms of penalties and consequences, any breach of this airworthiness directive may lead to enforcement actions by CASA. Potential consequences include the grounding of non-compliant aircraft, fines, and possibly criminal charges if the breach results in significant safety incidents. While the specific maximum penalties are not detailed in the provided text, CASA has the authority to take such actions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Compliance with these regulations is crucial to maintaining the safety and airworthiness of the PZL-Mielec M-18 Dromader aircraft operating in Australia.

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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.