AD/TSA-600/39 Amdt 3 - Main Cabin Upper Door

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

Legislation au F2013L01791 In force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998, amended by AD/TSA 600/39 Amdt 3, were enacted to address specific safety concerns related to the Aerostar (Piper/Ted Smith) 600 and 700 series aircraft, particularly regarding the luminosity of emergency exit signs and instructions. This amendment was introduced in response to a request from the aviation industry, aiming to correct outdated references in the existing regulations. The Civil Aviation Safety Authority (CASA) is the body responsible for issuing these airworthiness directives under the Civil Aviation Act 1988, ensuring the continuing airworthiness of aircraft registered in Australia. The policy objective of this amendment is to update the regulatory framework to align with current legislative references, thereby maintaining the safety standards required for the operation of these aircraft. The instrument became effective on 18 October 2013, following a minor revision that did not necessitate further public consultation or a Regulation Impact Statement.

Scope and Application

The AD/TSA-600/39 Amdt 3 pertains to the Aerostar (Piper/Ted Smith) 600 and 700 series aircraft, specifically addressing the luminosity requirements for emergency exit signs and instructions. This amendment applies across Australia, reflecting the federal oversight provided by the Civil Aviation Safety Authority (CASA). The primary purpose of this regulation is to ensure that emergency exit signs and instructions are sufficiently illuminated for visibility in the event of cabin darkness, thereby enhancing the safety of passengers and crew. This amendment updates a previous directive to align with the Civil Aviation Safety Regulations 1998 (CASR 1998) and corrects a legislative reference, ensuring compliance with current standards. As the amendment was made at the request of industry and is considered minor, no further consultation or a Regulation Impact Statement was deemed necessary. The AD, which becomes effective on 18 October 2013, is consistent with human rights as it does not engage any of the applicable rights or freedoms, as confirmed by the Statement of Compatibility with Human Rights. The authority to make this amendment stems from the Civil Aviation Act 1988, which empowers CASA to issue airworthiness directives to ensure the safety of air navigation.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this legislative instrument include subregulation 90.135(6), which mandates that emergency exit signs and instructions in aircraft with seven or more seats must be illuminated so they can be read in darkness. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act, and under subsections 98(5B) and (5BA) of the Act, an AD is considered a legislative instrument unless it is specific to a particular person, aircraft, or product. The authority to issue ADs is further supported by subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Act. The obligations imposed by the AD/TSA-600/39 Amdt 3 on the parties it governs include ensuring that emergency exit signs and instructions in Aerostar (Piper/Ted Smith) 600 and 700 series aircraft are adequately illuminated. Operators and owners of these aircraft must comply with the updated requirements specified in the AD to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for issuing and enforcing these airworthiness directives. Additionally, the State of Design, in this case the United States of America, has the responsibility to issue initial airworthiness directives, which CASA must then assess and mandate for aircraft registered in Australia. Breaches of the requirements set out in the AD/TSA-600/39 Amdt 3 may result in civil or criminal consequences. Specifically, failure to comply with the airworthiness directives can lead to enforcement actions by CASA, including fines, suspension, or revocation of the aircraft’s certificate of airworthiness. The exact penalties for non-compliance are not specified in the legislative instrument but are subject to the broader provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Operators and owners must adhere to these directives to avoid potential legal repercussions and ensure the safety of air navigation.

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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.