Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 issues an AD against 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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/SA-TP/1
This Directive raised in 1959 against Scottish Aviation Mod. C162, and made mandatory by CAA (UK) AD 2427 PRE 80, concerned the re-design of the wing bracing strut internal ‘V’ brace in the outer wing. CAA (UK) CAP 747 “Mandatory Requirements for Airworthiness” indicates that the modification was embodied during aircraft construction. This Directive is therefore cancelled.
AD/SA-TP/2
This Directive raised in 1959 against Scottish Aviation Mod. C285, and made mandatory by CAA (UK) AD 2428 PRE 80, concerned the introduction of steel gland Part # 717924 in lieu of a aluminium gland Part # 717918 in piston-operated shuttle valve Part # 7179. Compliance was before 750 landings and applicable to all series aircraft. Given the extended period that this AD has been published, it is considered to be no longer required. This Directive is therefore cancelled.
AD/SA-TP/3
This Directive raised in 1959 against Scottish Aviation Mod. C311, and made mandatory by CAA (UK) AD 2429 PRE 80, introducing a wing lift strut incorporating multi-bolt attachments for stabilising strut. CAA (UK) CAP 747 “Mandatory Requirements for Airworthiness” indicates that the modification should have been embodied by 30 September 1959. Compliance was Forthwith and applicable to all series aircraft. Given the extended period that this AD has been published, it is considered to be no longer required. This Directive is therefore cancelled.
AD/SA-TP/4
This Directive raised in 1959 against Scottish Aviation Mod. C319, and made mandatory by CAA (UK) AD 2430 PRE 80, introducing stabiliser strut Part # SA.B3.20.334 in lieu of Part # SA.B3.20.243. CAA (UK) CAP 747 “Mandatory Requirements for Airworthiness” indicates that the modification should have been embodied by 30 September 1959. Compliance was Forthwith and applicable to all series aircraft. Given the extended period that this AD has been published, it is considered to be no longer required. This Directive is therefore cancelled.
AD/SA-TP/5
This Directive raised in 1959 against Scottish Aviation Mod. C324, and made mandatory by CAA (UK) AD 2431 PRE 80, introduced replacement of the CSU and throttle transmission cable due to cable fracturing and jamming the controls. Also, replacement of the throttle and CSU operating boxes and levers to increase the operating efficiency of the Teleflex transmission cable and operating box assembly. Compliance was ‘Forthwith’ and applicable to aircraft S/No’s 507 and subsequent where Mod. C441 is not incorporated and where control console is fitted prior to E43847 issue 20. Given the extended period that this AD has been published, it is considered to be no longer required. This Directive is therefore cancelled.
AD/SA-TP/6
This Directive raised in 1959 against Scottish Aviation Mod. C334, and made mandatory by CAA (UK) AD 2432 PRE 80, introducing a cadmium plating on lift strut steel fittings and incorporation of Ferrobestos bushes at bolted joints. CAA (UK) CAP 747 “Mandatory Requirements for Airworthiness” indicates that the modification should have been embodied by 31 August 1959. Compliance was ‘Forthwith’ and applicable to all series aircraft. Given the extended period that this AD has been published, it is considered to be no longer required. This Directive is therefore cancelled.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 001/10]