A reporter has raised a safety concern in relation to a CASR Part 23 normal category aircraft being operated under CASR Part 141 for flying training operations with an inoperative aural stall warning system.
The reporter stated, 'Flight instructors at [a flying training organisation] reportedly advised students and private pilots that the defect had been considered by [senior management], and the aircraft had been deemed safe to continue to fly without a functional stall warning system which was not legally required for this aircraft to fly. The aircraft was deemed airworthy by senior managers at the Organisation.'
The reporter further stated, 'No pressure was applied to private pilots hiring the aircraft with the open defect if they did not want to take the risk or were uncomfortable flying without a stall warning, which has since been reported as repaired.'
The reporter was ultimately concerned that CASR Part 23 normal category aircraft (in particular those used for ab-initio flight training) allows operators to legally operate aircraft with an inoperative aural stall warning system.
The Civil Aviation Authority (CASA) advises the reporter correctly notes that the aircraft is not required to have an operating aural stall warning device as per the Pilot Operating Handbook for the aircraft and under certification requirements including CASR Part 23 and minimum equipment requirements under CASR Part 91. Australian airworthiness certification rules are harmonised with international standards, that is, US FAR Part 23 and EASA CS-23. CASA does not consider that any safety action is required.
Refer to the Named Party response above.
The ATSB acknowledges that CASA addressed the regulatory component of the reporter's concern. The ATSB requested a further response from CASA to specifically address the reporter's ultimate concern that CASR Part 23 normal category aircraft (in particular those used for ab-initio flight training) allows operators to legally operate aircraft with an inoperative aural stall warning system.' CASA reiterated the current requirements for aural stall warnings / stall warnings in general, and CASR Part 23, are in alignment with international standards.