AD/VIPER/4 Amdt 1 Blow-Off Valve

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

Legislation au F2021L01405 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/VIPER/4 Amdt 1 — Blow-Off Valve

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), the Civil Aviation Safety Authority (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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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.

CASA issued AD/VIPER/4 to correct an unsafe situation on Rolls Royce Deutschland Viper series engines in 1990. The AD requires repetitive inspection of the blow-off valve.  The State of Design for these engines, the United Kingdom, has not yet taken action to correct this unsafe condition.  As there are some examples of the engine series fitted to aircraft on the Australian register, CASA issued the AD to correct the problem on Australian aircraft.  As a result of an internal review, CASA has issued AD/VIPER/4 Amdt 1 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Rolls Royce Service Bulletin (SB) No. 75-31, provides instructions for the introduction of a functional check of the compressor blow-off valve and also provides a servicing procedure for the control valve. 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.

A technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It can 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 technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document 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

This AD is being made as a result of an internal CASA review to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to reflect current requirements, 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.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on 8 October 2021.

[Instrument number AD/VIPER/4 Amdt 1]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/VIPER/4 Amdt 1 — Blow-Off Valve

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

CASA issued AD/VIPER/4 to correct an unsafe situation on Rolls Royce Deutschland Viper series engines in 1990. The AD requires repetitive inspection of the blow-off valve.  The State of Design for these engines, the United Kingdom, has not yet taken action to correct this unsafe condition.  As there are some examples of the engine series fitted to aircraft on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.  As a result of an internal review, CASA has issued AD/VIPER/4 Amdt 1 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988.

The primary purpose of this legislative instrument is to remove references to legislative instruments no longer in force.

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. This legislation was introduced to address the need for stringent safety standards and regulations in the civil aviation sector, aligning with international conventions and agreements such as the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) was established under the Civil Aviation Act 1988 to implement and enforce these regulations. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, thereby safeguarding public safety. The authority to issue airworthiness directives, such as AD/VIPER/4, is granted under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This specific airworthiness directive aims to correct an unsafe condition related to the blow-off valve of Rolls Royce Deutschland Viper series engines, ensuring the safety of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998 were made by the Governor-General under section 98 of the Civil Aviation Act 1988, and any amendments are subject to the legislative framework provided by the Acts Interpretation Act 1901.

Scope and Application

The AD/VIPER/4 Amdt 1 pertains to the Civil Aviation Safety Regulations 1998, which applies to all persons and entities involved in the operation and maintenance of aircraft registered in Australia, including aircraft operators, maintenance service providers, and pilots. This regulation extends to the entire national airspace of Australia, ensuring compliance with international safety standards as mandated by the Convention on International Civil Aviation. This legislative instrument does not exclude any specific groups or entities, but it does incorporate technical documents, such as Rolls Royce Service Bulletin No. 75-31, which are not freely available but can be accessed by arrangement through CASA offices for affected parties. This amendment extends or restricts the application of the original AD/VIPER/4 by updating references to reflect current requirements and removing outdated legislative instruments. The AD/VIPER/4 Amdt 1 is intended to have enduring operation and therefore is exempt from sunsetting provisions, ensuring its ongoing relevance and application in maintaining aircraft safety.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 Amendment (Blow-Off Valve) 2021 (the Amendment) are concerned with updating the airworthiness directive (AD) AD/VIPER/4. This AD, initially issued in 1990, mandates repetitive inspection of the blow-off valve on Rolls Royce Deutschland Viper series engines due to an identified unsafe condition. The Amendment serves to remove references to legislative instruments that are no longer in force under the Civil Aviation Regulations 1988 (subsection 98(5D) of the Civil Aviation Act 1988), thereby ensuring that the AD reflects current regulatory requirements. This is achieved through the repeal and replacement of the previous AD on the subject. The technical document incorporated into this AD, Rolls Royce Service Bulletin (SB) No. 75-31, provides detailed instructions for the functional check of the compressor blow-off valve and a servicing procedure for the control valve. The Amendment imposes obligations on aircraft operators, mandating them to adhere to the updated AD and perform the necessary repetitive inspections of the blow-off valve on specified engines. The Civil Aviation Safety Authority (CASA) retains the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia. CASA has the authority to issue such directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR). The Amendment ensures that CASA's directives remain effective and relevant by updating references to align with current legislative frameworks. This proactive approach is essential for maintaining safety standards in the aviation sector. Breaches of the provisions outlined in the Amendment could result in civil or criminal consequences. Under section 45N of the Civil Aviation Act 1988, failure to comply with an AD can result in a civil penalty of up to $1.1 million for corporations and $220,000 for individuals. Additionally, non-compliance could lead to the grounding of affected aircraft, potentially resulting in significant operational disruptions and financial losses for operators. In severe cases, CASA may also refer the matter to law enforcement agencies, leading to criminal proceedings. The penalties underscore the importance of adhering to safety directives to ensure the safe operation of aircraft within Australian airspace.

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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.