Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/TBM 700/54 — Landing Gear - Wheels & Brakes - Master Cylinder Yoke - 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 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.
The European Aviation Safety Agency (EASA) issued AD 2006-0189 affecting Socata TBM 700 series aeroplanes in 2006. EASA is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the EASA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/TBM 700/54 to mandate requirements equivalent to EASA AD 2006-0189.
Documents Incorporated by Reference
Socata Service Bulletin 70-136, as in force from time to time, provides instructions for the inspection and replacement of landing gear master cylinder yokes. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. 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
As AD/TBM 700/54 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 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/TBM 700/54]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/TBM 700/54 – Landing Gear - Wheels & Brakes - Master Cylinder Yoke - 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 European Aviation Safety Agency (EASA) issued AD 2006-0189 affecting Socata TBM 700 series aeroplanes in 2006. EASA is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the EASA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/TBM 700/54 to mandate requirements equivalent to EASA AD 2006-0189.
The primary purpose of this legislative instrument is to ensure the removal from service and replacement of any faulty landing gear master cylinder yokes and prevent the introduction of same supplied as spare parts prior to 1 December 2005.
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