AD/TBM 700/54 Landing Gear - Wheels & Brakes - Master Cylinder Yoke - Inspection/Replacement

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L00137 In force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation in Australia, including the implementation of airworthiness directives that align with international standards. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives based on the requirements set forth by international civil aviation agreements, particularly the Convention on International Civil Aviation. CASA, acting under the powers conferred by the Civil Aviation Act 1988, issued Airworthiness Directive AD/TBM 700/54, which mandates the inspection and replacement of landing gear master cylinder yokes for the Socata TBM 700 series aeroplanes, aligning with an earlier directive issued by the European Aviation Safety Agency. The policy objective of this directive is to ensure the continuing airworthiness of the aircraft by addressing potential safety issues identified in the original EASA AD 2006-0189. This legislative instrument ensures compliance with international standards and maintains the safety of aircraft registered in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically Airworthiness Directive AD/TBM 700/54, applies to the owners and operators of Socata TBM 700 series aeroplanes registered in Australia. This directive mandates the inspection and replacement of landing gear master cylinder yokes, ensuring compliance with safety standards set by the European Aviation Safety Agency (EASA), the State of Design. The AD applies nationally, affecting all Socata TBM 700 series aircraft registered in Australia. While there are no explicit exclusions, the directive is tailored to address specific safety concerns identified in EASA AD 2006-0189. The AD extends its application through the incorporation of technical documents by reference, such as Socata Service Bulletin 70-136, which provide detailed instructions for the required inspections and replacements. The directive was made under the authority granted by the Civil Aviation Act 1988, and it commenced on 22 February 2019.

Key Provisions

The main operative sections of AD/TBM 700/54 mandate specific requirements for the inspection and replacement of landing gear master cylinder yokes in Socata TBM 700 series aeroplanes registered in Australia. This directive is grounded in the Civil Aviation Safety Regulations 1998 (CASR) under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). The AD/TBM 700/54 specifically aligns with the earlier European Aviation Safety Agency (EASA) AD 2006-0189, ensuring that the requirements for the affected aircraft type are consistently applied across jurisdictions. The Act imposes certain obligations on aircraft operators and maintenance entities. Firstly, they are required to ensure that any landing gear master cylinder yokes on their Socata TBM 700 aeroplanes are inspected and, if necessary, replaced according to the instructions provided in the Socata Service Bulletin 70-136. This includes removing from service any yokes that are faulty or were supplied as spare parts prior to 1 December 2005. Secondly, operators and maintenance entities must maintain up-to-date subscriptions to the relevant technical documents to ensure they have access to the most current and accurate information regarding the maintenance and inspection requirements. Failure to comply with the requirements set out in AD/TBM 700/54 can result in serious consequences. Civil penalties may be imposed for non-compliance, with the maximum penalty varying depending on the nature and severity of the breach. In cases where the non-compliance results in a safety incident, criminal penalties may also apply. Specifically, under section 27 of the Civil Aviation Act 1988, individuals found guilty of contravening a direction under CASR may face fines of up to $22,200 or imprisonment for up to one year, or both. For corporations, the penalties can be significantly higher, with fines reaching up to $1,110,000. The legislative instrument also provides for the incorporation of technical documents by reference, ensuring that operators and maintenance personnel have access to the necessary information. While these documents are proprietary and not freely available, CASA facilitates access by allowing viewing of relevant sections in their offices. This ensures compliance while respecting the intellectual property rights of the document owners. Additionally, CASA's decision not to undertake further consultation for this AD is based on its alignment with international obligations under Annex 8 of the Convention on International Civil Aviation.

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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.