AD/PZL/5 Amdt 4 Centre Wing to Outboard Wing Attachment Joints

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Legislation au F2019L00124 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/PZL/5 Amdt 4 — Centre Wing to Outboard Wing Attachment Joints

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.

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.

CASA issued AD/PZL/5 Amdt 3 to correct an unsafe situation on Polskie Zaklady Lotnicze (PZL) M18 series aircraft in 2018. The AD mandates inspection of centre wing to outboard wing attachment joints. The State of Design for this type, the European Aviation Safety Agency (EASA), has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has issued AD/PZL/5 Amdt 4 to clarify that certain inspection procedures are not approved for use in lieu of specified non-destructive magnetic particle inspection procedures and also to allow the use of alternate means of compliance and exclusions previously approved against AD/PZL/5 Amdt 2. This AD repeals and replaces the previous AD on this subject.


Documents Incorporated by Reference

  • PZL Airplane Description and Service Manual dated 20 September 2013 provides instructions for the inspection of centre wing to outboard wing attachment joints. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.
  • PZL Service Bulletin E/02.170/2000 dated 3 August 2000 provides instructions for corrosion repair, replacement of wing attachment joints and elimination of ovalisation of the wing attachment joint main holes. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.
  • PZL M 18 “Dromader” Aircraft Repair Manual Model: M18, M18A, M18AS, M18B, Edition 3, dated May 1981, which explains how to calculate corrected flight hours. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.

Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

Consultation

This AD is being made at the request of industry, in particular an operator of the PZL M18 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying that certain inspection procedures are not approved for use in lieu of specified non destructive magnetic particle inspection procedures and also allowing the use of alternate means of compliance and exclusions previously approved against AD/PZL/5 Amdt 2, and since the AD has not been the subject of any adverse feedback from industry, 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 22 February 2019.

[Instrument number AD/PZL/5 Amdt 4]


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 4 — 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

CASA issued AD/PZL/5 Amdt 3 to correct an unsafe situation on Polskie Zaklady Lotnicze (PZL) M18 series aircraft in 2018. The AD mandates inspection of centre wing to outboard wing attachment joints. The State of Design for this type, the European Aviation Safety Agency (EASA), has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/PZL/5 Amdt 3 to clarify that certain inspection procedures are not approved for use in lieu of specified non-destructive magnetic particle inspection procedures and also to allow the use of alternate means of compliance and exclusions previously approved against AD/PZL/5 Amdt 2.

The primary purpose of this legislative instrument is to re-instate alternate means of compliance and exclusions previously approved against an earlier amendment 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) were enacted to ensure the safety of civil aviation in Australia, reflecting the nation's commitments under the Convention on International Civil Aviation. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns for specific aircraft types. In 2018, CASA issued AD/PZL/5 Amdt 3 to rectify an unsafe condition on Polskie Zaklady Lotnicze (PZL) M18 series aircraft, mandating inspections of the centre wing to outboard wing attachment joints. Given that the European Aviation Safety Agency, the State of Design, had not yet acted on this issue and there were multiple instances of the type registered in Australia, CASA took the initiative to ensure the continuing airworthiness of these aircraft within Australia. In response to industry feedback, CASA has now issued AD/PZL/5 Amdt 4, which clarifies that certain inspection procedures are not approved as alternatives to specified non-destructive magnetic particle inspection procedures, and reinstates alternate means of compliance and exclusions previously approved against AD/PZL/5 Amdt 2. This amendment aims to provide greater clarity and flexibility in addressing the identified safety concern.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/PZL/5 Amendment 4) relates to the safety regulation of aircraft, specifically targeting the inspection of centre wing to outboard wing attachment joints on Polskie Zaklady Lotnicze (PZL) M18 series aircraft registered in Australia. The amendment applies to aircraft operators and maintenance personnel of PZL M18 series aircraft within Australia, addressing an unsafe condition identified in these aircraft. The amendment was made under the authority of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure safety standards are met. This amendment replaces and clarifies previous directives, specifying that certain inspection procedures are not approved and allowing the use of alternate means of compliance and exclusions previously approved against an earlier amendment. The regulation operates under the jurisdiction of the Commonwealth of Australia and is aimed at ensuring the safety of Australian airspace. It does not include any explicit exclusions or thresholds but focuses on compliance with specified inspection procedures to maintain airworthiness. The authority to issue and amend such directives is further supported by the Acts Interpretation Act 1901, which provides a framework for the amendment and revocation of legislative instruments.

Key Provisions

The Civil Aviation Safety Regulations 1998 Amendment (AD/PZL/5 Amendment 4) addresses the safety concerns related to the centre wing to outboard wing attachment joints of the Polskie Zaklady Lotnicze (PZL) M18 series aircraft. Section 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), and section 98 of the Civil Aviation Act 1988 provides the Governor-General the authority to make regulations for ensuring the safety of civil aviation, aligning with international standards. This amendment specifically amends the previously issued AD/PZL/5 Amendment 3, clarifying that certain inspection procedures are not approved in lieu of specified non-destructive magnetic particle inspection procedures, and reinstating previously approved alternate means of compliance and exclusions. Entities governed by this Act, particularly those operating PZL M18 series aircraft, must adhere to the updated inspection procedures and comply with the specified non-destructive magnetic particle inspection requirements. Operators are obligated to ensure that the mandated inspections are conducted by qualified personnel using approved methods. Additionally, CASA's requirement to make the relevant technical documents available by arrangement, albeit for viewing only, imposes a responsibility on operators to access and understand the detailed inspection and repair procedures outlined in the incorporated documents. Failure to comply with the AD/PZL/5 Amendment 4 may result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines, and may also result in criminal charges if the breach is deemed to have caused or contributed to an aviation accident or incident. The maximum penalty for contravening the regulations can vary, but it may include substantial fines and potential imprisonment for individuals found guilty of criminal offences. This legislative instrument ensures that the PZL M18 series aircraft continue to meet the necessary safety standards, thereby protecting the public and maintaining the integrity of the aviation industry. It underscores the importance of stringent safety measures and the role of CASA in enforcing compliance to mitigate aviation risks.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Airworthiness Directive

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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.