AD/STINSON 108/2 Stabilizer Leading Edge Attachment - Inspection

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Legislation au F2018L01159 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/STINSON 108/2 – Stabilizer Leading Edge Attachment - Inspection

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 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. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

The United States of America Federal Aviation Administration (FAA) issued AD 47‑50-12 affecting Univair Aircraft Corporation Stinson 108 series aeroplanes in 1947. The United States is the State of Design for these aircraft. As there are several Univair Aircraft Corporation Stinson 108 series aircraft on the Australian aircraft register, and as the FAA AD pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/STINSON 108/2 to mandate the requirements of Stinson Service Bulletin No. 254, dated 5 September 1947, as in force at the date of issue of AD/STINSON 108/2.

Documents Incorporated by Reference

Stinson Service Bulletin No. 254, dated 5 September 1947, which details inspections and corrective actions for fatigue cracking of the stabilizer leading edge attachment.

 

Stinson Service Bulletin No. 254 is freely available from the following internet address:

http://www.stinsonflyer.com/servbuletin/stnSB254.pdf

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, 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 AD 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 31 August 2018.

[Instrument number AD/STINSON 108/2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/STINSON 108/2 – Stabilizer Leading Edge Attachment - Inspection

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 legislative instrument is an airworthiness directive (AD). AD/STINSON 108/2 has been issued to mandate the requirements of FAA AD 47-50-12, applicable to Univair Aircraft Corporation Stinson 108 series aeroplanes in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.

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 were enacted to ensure the safety of civil aviation in Australia, providing a regulatory framework that aligns with international standards and practices. This Act was introduced to address the need for stringent safety regulations in the aviation industry, ensuring that aircraft operations meet high safety standards and comply with international conventions. The Australian Government, through the Civil Aviation Safety Authority (CASA), is the enacting body responsible for issuing airworthiness directives (ADs) to enforce safety standards on aircraft types registered in Australia. The policy objective of this legislation is to mandate compliance with international safety standards and to ensure that aircraft continue to meet airworthiness requirements throughout their operational life. CASA’s role includes issuing ADs to address safety issues identified by the State of Design or other relevant authorities, ensuring that Australian-registered aircraft meet these safety standards. This approach helps maintain a consistent and high level of safety in the aviation industry, reflecting Australia's commitment to international aviation safety standards.

Scope and Application

The AD/STINSON 108/2 – Stabilizer Leading Edge Attachment - Inspection, issued under the Civil Aviation Safety Regulations 1998, applies to Univair Aircraft Corporation Stinson 108 series aeroplanes registered in Australia. This legislation mandates the inspection requirements set forth in Stinson Service Bulletin No. 254, originally issued by the United States Federal Aviation Administration (FAA) in 1947, as it pertains to the Australian aircraft register. The AD/STINSON 108/2 ensures compliance with international safety standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation, which requires States of Design to provide necessary information for the continuing airworthiness of aircraft types. The State of Registry, in this case Australia, must adopt or develop requirements to ensure these standards are met. This airworthiness directive is a legislative instrument made under the Civil Aviation Act 1988, with the authority granted to the Civil Aviation Safety Authority (CASA) to issue such directives. The AD applies nationally and extends to all Stinson 108 series aircraft registered in Australia, although CASA may grant exclusions or approve alternative means of compliance. The AD does not specify any exclusions or exemptions but is aligned with international obligations and practices to maintain the safety and airworthiness of aircraft.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for particular kinds of aircraft or aeronautical products, ensuring that safety standards are maintained and aligned with international conventions. AD/STINSON 108/2 specifically mandates the inspection requirements outlined in FAA AD 47-50-12 for Univair Aircraft Corporation Stinson 108 series aeroplanes, aligning with CASA's obligations under the Convention on International Civil Aviation. This AD applies to any Stinson 108 series aircraft registered in Australia, requiring owners and operators to adhere to the inspection and maintenance protocols detailed in the referenced Stinson Service Bulletin No. 254. Under AD/STINSON 108/2, aircraft operators and owners are obligated to conduct regular inspections of the stabilizer leading edge attachment for signs of fatigue cracking, as detailed in the referenced service bulletin. Compliance with these inspection requirements is mandatory for all Stinson 108 series aircraft registered in Australia. The AD requires operators to address any detected issues promptly and to maintain records of inspections and any corrective actions taken. CASA has the authority to grant exclusions from this AD or approve alternative means of compliance, but such exclusions are subject to strict regulatory oversight. Failure to comply with AD/STINSON 108/2 may result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence, potentially leading to criminal charges. Additionally, operators who fail to adhere to the mandated inspection and maintenance requirements risk the suspension or revocation of their aircraft's airworthiness certificate. The penalties for such offences can include substantial fines and imprisonment, underscoring the seriousness with which CASA treats compliance with 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.