Overview

The Civil Aviation Regulations 1998 (CAR 1998) were enacted by the Commonwealth of Australia to regulate civil aviation operations and ensure safety standards. In addressing identified safety issues, the CAR 1998 includes provisions for issuing Airworthiness Directives (ADs). These directives are issued by the Civil Aviation Safety Authority (CASA) and aim to rectify unsafe conditions that may compromise the airworthiness of aircraft. An example is AD/AMD 50/24, issued in April 2002, which pertains to the composite horizontal stabiliser of certain Falcon 900 and Falcon 2000 aircraft. This AD was introduced in response to findings that excess paint thickness on the composite horizontal stabiliser could result in severe damage during a direct lightning strike. The requirement set out in the AD mandates adherence to Dassault Aviation Service Bulletins to rectify the unsafe condition, with a compliance period of seven months from the AD's effective date of 18 April 2002. The policy objective is to mitigate potential safety risks associated with the specified aircraft configurations.

Scope and Application

The Airworthiness Directive (AD) issued under the Civil Aviation Regulations 1998 applies to specific models of Falcon aircraft, namely the Mystere Falcon 900 and Falcon 900EX aircraft that have incorporated Dassault Aviation modification M2460, as well as the Falcon 2000 aircraft that have modification M1283, but excludes those with modification M3463 or M2092 respectively. This AD is a Commonwealth regulation aimed at ensuring the safety of civil aviation within Australia and applies to all aircraft registered in Australia that meet the specified criteria. The directive mandates that corrective action be taken in accordance with specified Dassault Aviation service bulletins to address the issue of excess paint thickness on the composite horizontal stabiliser, which can lead to serious damage in the event of a direct lightning strike. Compliance with the AD is required within seven months of its issuance on 18 April 2002. The AD extends its reach to any aircraft within the scope of applicability, mandating adherence to the specified corrective measures to ensure continued airworthiness and safety of these aircraft in Australian airspace.

Key Provisions

The Civil Aviation Regulations 1998, specifically Part 39 - 105, include provisions that pertain to Airworthiness Directives (AD) issued by the Civil Aviation Safety Authority (CASA). These ADs, as seen in AD/AMD 50/24 concerning the composite horizontal stabiliser of Mystere Falcon 900, Falcon 900EX, and Falcon 2000 aircraft, outline the mandatory actions that must be taken to ensure the safety and airworthiness of certain aircraft. The applicability section of the AD (39.1 (1)) specifies which aircraft are subject to the directive, namely, Mystere Falcon 900 and Falcon 900EX aircraft with Dassault Aviation modification M2460, excluding those with modification M3463, and Falcon 2000 aircraft with modification M1283, excluding those with modification M2092. These ADs impose clear obligations on aircraft owners and operators to comply with the directives within the specified timeframe. For instance, in the case of AD/AMD 50/24, the requirement is to follow the instructions outlined in Dassault Aviation Service Bulletins F900-291, F900EX-155, or F2000-234, as applicable. The compliance section mandates that these actions be completed within 7 months from 18 April 2002, the effective date of the directive. Failure to comply with these ADs can result in serious consequences for the safety of the aircraft and the passengers. The legislation does not explicitly state the offences or penalties for non-compliance with ADs, but non-compliance with CASA regulations generally can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with regulations can result in civil penalties, including fines, and in some cases, criminal penalties. The severity of these penalties can depend on the nature and extent of the non-compliance, but they can include substantial fines for corporations and imprisonment for individuals. Additionally, continued non-compliance can result in the grounding of the aircraft, which would have significant operational and financial implications for the aircraft owner or operator.