Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/TSA 600/39 Amdt 3 — Main Cabin Upper Door
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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.
Subregulation 90.135 (6) of CASR 1998 provides that if an aircraft has 7 or more seats, including crew seats, each emergency exit sign and the instructions for operating each emergency exit must be provided with lighting so that, if the cabin is in darkness and the cabin lighting is not operating, the sign and instructions can be read by a person attempting to open the emergency exit.
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 ICAO 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 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 State of Design.
AD/TSA-600/39 Amdt 3 applies to the Aerostar (Piper/Ted Smith) 600 and 700 series aircraft.
The Federal Aviation Administration of the United States of America (FAA) issued FAA AD 89-03-04 affecting Aerostar (Piper/Ted Smith) 600 and 700 series aircraft in 1989. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/TSA-600/39 to mandate the requirements of FAA AD 89-03-04. AD/TSA-600/39 was replaced by AD/TSA-600/39 Amdt 1, which was in turn replaced by AD/TSA-600/39 Amdt 2.
As a result of a request from industry, CASA has revoked and replaced AD/TSA‑600/39 Amdt 2 to correct an out-dated reference to legislation in Requirement 2 of that AD. The references to AD/GENERAL/4 Amdt 2 Para 5.3 (5) and subparagraph 3.2 (4) (e) of Section 101.0 of the Civil Aviation Orders have been removed. The new AD instead refers to subregulation 90.135 (6) of CASR 1998. The new AD, AD/TSA-600/39 Amdt 3, will become effective on 18 October 2013.
Consultation
This amendment is being made at the request of industry, in particular an operator of the Aerostar (Piper/Ted Smith) 600and 700 series aircraft. As this AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating the reference for emergency exit opening instructions luminosity requirements, no further consultation of the Australian public has taken place. CASA’s view is that no further consultation is appropriate or necessary.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the AD is covered by a standing agreement between CASA and OBPR 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 18 October 2013.
[Instrument number AD/TSA-600/39 Amdt 3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/TSA-600/39 Amdt 3 – Main Cabin Upper Door
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
In 1989, the Federal Aviation Administration (FAA) of the United States of America issued FAA Airworthiness Directive (AD) 89-03-04 affecting Aerostar (Piper/Ted Smith) 600and 700 series aircraft. CASA subsequently issued AD/TSA-600/39, and subsequent amendments, to mandate the requirements of FAA AD 89-03-04.
This legislative instrument revokes and replaces AD/TSA-600/39 Amdt 2 to update a reference to the legislation relating to emergency exit opening instructions luminosity requirements. It does not substantially alter existing arrangements.
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