AD/VIPER/5 Amdt 1 Exhaust Cone Assembly

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

Legislation au F2021L01409 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/VIPER/5 Amdt 1 — Exhaust Cone Assembly

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/5 to correct an unsafe situation on Rolls Royce Deutschland Viper series engines in 1990. The requirement followed an incident where the exhaust inner cone was lost due to detachment of a cap nut and stay pin.  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/5 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. 72-A338, provides instructions for the inspection engine exhaust cone assembly cap nuts and stay pins. 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/5 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/5 Amdt 1 — Exhaust Cone Assembly

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 Civil Aviation Safety Authority (CASA) issued AD/VIPER/5 to correct an unsafe situation on Rolls Royce Deutschland Viper series engines in 1990.  The requirement followed an incident where the exhaust inner cone was lost due to detachment of a cap nut and stay pin.  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/5 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 Amendment (Exhaust Cone Assembly) Instrument 2021 (F2021L01409) was enacted to address the unsafe condition identified with the Rolls Royce Deutschland Viper series engines. The Civil Aviation Safety Authority (CASA), acting under the authority of the Civil Aviation Act 1988, issued Airworthiness Directive AD/VIPER/5 in 1990 to mitigate the risk associated with the detachment of a cap nut and stay pin, which could lead to the loss of the exhaust inner cone. Given that the State of Design, the United Kingdom, has yet to address this issue, CASA issued AD/VIPER/5 Amdt 1 to amend and update references to legislative instruments that are no longer in force. This amendment ensures the continued safety of Australian aircraft fitted with these engines by updating the regulatory framework to reflect current requirements. The instrument was made by a delegate of CASA under the authority conferred by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, with no substantial changes to existing arrangements other than the necessary updates to legislative references.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (Exhaust Cone Assembly) 2021 is an instrument made under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, designed to address a specific safety concern related to the exhaust cone assembly of certain Rolls Royce Deutschland Viper series engines. This legislation applies to aircraft operators who have such engines installed on their aircraft registered in Australia. The instrument aims to correct an unsafe condition identified in these engines, where the exhaust inner cone can detach due to failure of a cap nut and stay pin. The regulation seeks to ensure the continuing airworthiness of affected aircraft by requiring inspections and maintenance actions as outlined in Rolls Royce Service Bulletin No. 72-A338. Although the State of Design, the United Kingdom, has not yet addressed this issue, CASA has issued this amendment to update and streamline references to obsolete legislative instruments under the Civil Aviation Regulations 1988. The amendment does not require further consultation as it is considered minor and does not substantially alter existing arrangements. It commenced on 8 October 2021 and is intended to have enduring operation without being subject to sunsetting provisions.

Key Provisions

The main operative sections of the AD/VIPER/5 Amdt 1 include the incorporation of Rolls Royce Service Bulletin (SB) No. 72-A338, which provides instructions for the inspection of engine exhaust cone assembly cap nuts and stay pins. This document is incorporated by reference into the AD (subsection 98(5D) of the Civil Aviation Act 1988). The AD/VIPER/5 Amdt 1 seeks to correct an unsafe condition related to the detachment of a cap nut and stay pin, which can lead to the loss of the exhaust inner cone. This amendment removes outdated references to legislative instruments under the Civil Aviation Regulations 1988 and updates them to reflect current requirements. The obligations imposed on the parties governed by this AD include ensuring that aircraft operators inspect the exhaust cone assembly cap nuts and stay pins as per the instructions provided in the Rolls Royce Service Bulletin No. 72-A338. Aircraft operators must maintain the airworthiness of their aircraft by following the guidelines set forth in the AD and any other relevant technical documents. CASA will provide access to the incorporated technical document for viewing to any affected aircraft operator or interested person upon request, while respecting the proprietary nature of the document. There are no specific offences or penalties mentioned in the AD/VIPER/5 Amdt 1 itself; however, any failure to comply with the AD may result in enforcement actions under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. Non-compliance with airworthiness directives can lead to penalties such as fines, suspension or revocation of an aircraft operator's certificate, or other enforcement actions deemed appropriate by CASA. The maximum penalties for offences under the Civil Aviation Act 1988 can vary depending on the specific offence and the circumstances surrounding the violation.

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Civil Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
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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.