AD/STINSON 108/3 Rudder Cables - Inspection/Replacement

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Legislation au F2018L01268 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/STINSON 108/3 Rudder Cables – Inspection / Replacement

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 5017-02 affecting Univair Aircraft Corporation 108 series aeroplanes in 1950. The United States is the State of Design for these aircraft. As there are several Univair Aircraft Corporation 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 108/3 to mandate the requirements of FAA AD 50-17-02, as in force at the date of issue of AD/STINSON 108/3.

Documents Incorporated by Reference

Stinson Service Bulletin No. 266, dated 1 February 1950, details inspections and replacement actions for rudder cable strand breakage.

 

Stinson Service Bulletin No. 266 is freely available from the following internet address:

http://www.stinsonflyer.com/servbuletin/stnSB266.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 14 September 2018.

[Instrument number AD/STINSON 108/3]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/STINSON 108/3 – Rudder Cables – Inspection / Replacement

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 108/3 has been issued to mandate the requirements of FAA AD 50-17-02, applicable to Univair Aircraft Corporation 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 framework that aligns with international standards and conventions. This legislation was introduced to address the need for harmonised safety regulations that reflect global best practices, particularly under the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that give effect to international safety standards, which the Civil Aviation Safety Regulations operationalise. The Civil Aviation Safety Authority (CASA) is responsible for issuing airworthiness directives to enforce these regulations, ensuring compliance with international obligations. The policy objective is to maintain high safety standards in Australia's civil aviation sector, thereby protecting the public and contributing to global aviation safety.

Scope and Application

The AD/STINSON 108/3 pertains to the Civil Aviation Safety Regulations 1998 and is issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with international civil aviation safety standards. This airworthiness directive applies specifically to Univair Aircraft Corporation 108 series aeroplanes registered in Australia, which are subject to the original United States Federal Aviation Administration (FAA) AD 50-17-02 issued in 1950. The directive mandates inspections and replacements of rudder cables to prevent strand breakage, as outlined in Stinson Service Bulletin No. 266. The AD applies nationally, affecting aircraft registered in Australia, and is issued under the authority of the Civil Aviation Act 1988, which empowers CASA to implement regulations for international safety standards. The directive does not require further consultation under the Legislation Act 2003 as it aligns with CASA's obligations under Annex 8 of the Convention on International Civil Aviation. This legislative instrument is deemed compatible with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The AD commenced on 14 September 2018, following a delegation of authority under the Civil Aviation Safety Regulations 1998.

Key Provisions

The key provision of AD/STINSON 108/3 pertains to the inspection and replacement of rudder cables on Univair Aircraft Corporation 108 series aeroplanes (sections 1-5). This airworthiness directive (AD) mandates adherence to the requirements outlined in FAA AD 50-17-02, which was issued in 1950 by the United States Federal Aviation Administration (FAA) for the Univair Aircraft Corporation 108 series aeroplanes. Given the presence of several such aircraft on the Australian aircraft register, the Civil Aviation Safety Authority (CASA) has issued AD/STINSON 108/3 to ensure compliance with the FAA AD in Australia. This directive requires the inspection and replacement of rudder cables to address issues related to strand breakage, as detailed in Stinson Service Bulletin No. 266. Operators and owners of Univair Aircraft Corporation 108 series aeroplanes must comply with AD/STINSON 108/3 by conducting the necessary inspections and replacements of rudder cables in accordance with the specified timelines and procedures. The directive applies to all aircraft of this type on the Australian register and is enforceable by CASA, which has the authority to issue compliance orders, issue fines, and take other enforcement actions against non-compliance. Failure to comply with AD/STINSON 108/3 may result in civil or criminal penalties, as stipulated by the Civil Aviation Act 1988. Specifically, under section 97 of the Act, an aircraft must not be flown if it is not airworthy, and under section 101, it is an offence to contravene an AD. The penalties for such offences can include substantial fines and, in severe cases, imprisonment. Additionally, non-compliance may lead to the suspension or revocation of an aircraft’s certificate of airworthiness, effectively grounding the aircraft until the necessary compliance actions are taken. The AD/STINSON 108/3 also imposes a responsibility on CASA to monitor and enforce compliance with the directive. CASA can conduct inspections, issue compliance orders, and take legal action against operators who fail to adhere to the requirements. The directive aims to ensure that all Univair Aircraft Corporation 108 series aeroplanes in Australia meet the specified safety standards, thereby enhancing the overall safety of civil aviation within the country.

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Aviation Law
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Regulation
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Reporting & Disclosure Obligations
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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.