Overview

The Civil Aviation Regulations 1998, specifically Part 39 - 105, were enacted to establish the Civil Aviation Safety Authority's schedule of airworthiness directives, addressing safety concerns and ensuring compliance with aviation standards. One such directive, AD/AKRO/1 Amendment 1, applies to all models of Stephens Akro Series Aeroplanes and mandates an airspeed restriction to mitigate risks associated with over-speeding. The policy objective behind this legislation is to ensure the safety of air travel by enforcing strict airspeed limits and requiring visible placards on aircraft to remind pilots of these limits. The regulation was enacted by the Commonwealth of Australia and serves to address specific safety concerns identified in the operation of Stephens Akro Series Aeroplanes. Compliance with this directive is mandatory before further flight after the specified date, ensuring that pilots are well-informed of the airspeed restrictions and can operate within safe parameters.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 105 under the Civil Aviation Safety Authority Schedule of Airworthiness Directives, applies to all models of Stephens Akro Series Aeroplanes. This regulation mandates an airspeed restriction, limiting the VNE speed to 139 knots Indicated Airspeed (IAS), and requires the installation of a placard adjacent to the airspeed indicator with the specified legend. Compliance with this directive is mandatory for any flight following 7 October 1982. The scope of this Act is geographically and jurisdictionally broad, applying across the Commonwealth of Australia under the oversight of the Civil Aviation Safety Authority. The regulation extends to all relevant aircraft operators, pilots, and maintenance personnel within the Australian aviation industry. There are no stated exclusions or exemptions, and the requirement remains in effect until the aircraft is modified according to an approved scheme, at which point the airworthiness directive will lapse. Additionally, the scope and application of this regulation may be further extended or restricted through subordinate instruments issued by the Civil Aviation Safety Authority.

Key Provisions

The main operative sections of the AD/AKRO/1 Amendment 1 revolve around ensuring the airworthiness of Stephens Akro Series Aeroplanes by restricting airspeed and mandating specific modifications. Section (1) identifies the applicability of the directive to all models of the Stephens Akro Series Aeroplanes. Section (2) sets the requirement to limit the VNE (never exceed) speed to 139 knots Indicated Airspeed (IAS) by installing a placard next to the airspeed indicator with the specified legend. This requirement is crucial for maintaining the safety and structural integrity of the aircraft. Section (3) stipulates that the requirement will cease to be in effect once the aircraft has undergone modifications that have been approved by the Secretary. Section (4) mandates compliance before further flight after 7 October 1982, ensuring that all operators adhere to the new speed restrictions. The obligations imposed by this legislation on the parties or entities it governs are clear and specific. Owners and operators of Stephens Akro Series Aeroplanes must ensure that their aircraft comply with the airspeed restriction by installing the required placard adjacent to the airspeed indicator. They must also ensure that any modifications to the aircraft, such as the aileron mass balance and wing attachments, are approved by the Secretary and carried out in accordance with the approved scheme. This includes conducting these modifications before further flights after the specified date, 7 October 1982. Failure to comply with these obligations could result in the aircraft being deemed unairworthy, thereby exposing operators to potential legal and safety risks. The Civil Aviation Regulations 1998 outline various consequences for non-compliance with the Airworthiness Directives. For instance, Section 39.105 of the Regulations provides that any breach of an Airworthiness Directive can result in civil penalties, including fines. The maximum penalty for each offence is generally substantial, reflecting the serious nature of non-compliance with safety directives. Additionally, operators found in breach of these directives may face criminal charges, particularly if the non-compliance results in an accident or incident. The potential for both civil and criminal consequences underscores the importance of adhering to the requirements set out in the AD/AKRO/1 Amendment 1 to ensure the safety and airworthiness of Stephens Akro Series Aeroplanes.