Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/ROBIN/36 Amdt 1 — Air Intake By-pass Flap
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. 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/ROBIN/36 Amdt 1 applies to the Alpha Aviation HR200, R2100, R2112, R2120 and R2160 series aircraft.
The French Directorate General for Civil Aviation (DGAC) issued AD 2001-036(A) affecting various Robin Aviation series aeroplanes in 2001. France was at the time the State of Design for these aircraft types. CASA subsequently issued AD/ROBIN/36 to mandate the requirements of DGAC AD 2001-036(A). Since 2001, Alpha Aviation in New Zealand have taken responsibility for some of these aircraft types and consequently New Zealand is now the State of Design for some types affected by AD/ROBIN/36. In 2006 the New Zealand Civil Aviation Authority (NZ CAA) issued AD DCA/R2000/31 which mirrored French DGAC AD 2001-036(A) and in 2007 made a minor amendment to the applicability by issuing AD DCA/R2000/31A. As a result of a review of AD/ROBIN/36 CASA found that in 2014 the European Aviation Safety Agency (EASA), who now act on behalf of France as the State of Design, issued AD 2014-0225 which retained the requirements of DGAC AD 2001-036(A) but introduced terminating action for the ongoing inspections via a modification of the affected part. The EASA AD was automatically accepted by CASA under Part 39 of CASR.
As the modification required by the EASA AD is not available for those aircraft for which New Zealand is the State of Design (Alpha Aviation versions) CASA has issued AD/ROBIN/36 Amdt 1 to delete from the applicability, those aircraft which are now covered by EASA AD 2014-0225, to replace reference to DGAC 2001-036(A) with reference to NZ CAA AD DCA/R2000/31A and to provide further background information in relation to the unsafe condition.
Following the issue of AD/ROBIN/36 Amdt 1, operators of Alpha Aviation variants of the applicable aircraft will comply with AD/ROBIN/36 Amdt 1 while operators of CEAPR (formerly Robin Aviation) variants will comply with EASA AD 2014-0225. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
Robin Aviation Service Bulletin No. 174 dated 29 November 2000 provides instructions for the inspection of the air intake heat box by-pass flap for Alpha Aviation HR200, R2100, R2112, R2120 and R2160 series aircraft and is freely available form the following internet address:
http://www.alphaaviation.co.nz/downloads/APEX-SB174.pdf
Consultation
This AD is being made following a review of AD/ROBIN/36. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from reducing the applicability to Alpha Aviation HR200, R2100, R2112, R2120 and R2160 series aircraft, removing CEAPR (Robin Aviation) variants, 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 29 March 2019.
[Instrument number AD/ROBIN/36 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/ROBIN/36 Amdt 1 – Air Intake By-pass Flap
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 French Directorate General for Civil Aviation (DGAC) issued AD 2001-036(A) affecting various Robin Aviation series aeroplanes in 2001. CASA subsequently issued AD/ROBIN/36 to mandate the requirements of DGAC AD 2001-036(A). As a result of a review of AD/ROBIN/36, CASA has repealed and replaced AD/ROBIN/36 to remove CEAPR (Robin Aviation) variants of the affected models, leaving Alpha Aviation variants only, as the CEAPR variants are now covered by EASA AD 2014‑0225 issued in 2014.
The primary purpose of this legislative instrument is to reduce the applicability 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