COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Auster/Beagle A.61 Series Aeroplanes
AD/AUS/20 Front Seat Restraint Installation 5/72
Applicability: All models.
Requirement: Modify each front seat restraint installation by fitting a safety harness in accordance with a scheme approved by the Secretary.
Compliance: Before 1 June 1973.
Overview
The Civil Aviation Regulations 1998, specifically under Part 39 - 105, address the safety of Auster/Beagle A.61 Series aeroplanes through Airworthiness Directives. This legislation was enacted to ensure that all models of these aeroplanes are equipped with proper front seat restraint installations. The problem it addresses is the potential risk to pilots and passengers from inadequate or non-existent safety harnesses in the front seats of these aircraft, which could lead to serious injuries or fatalities in the event of an accident. The policy objective is to mandate the fitting of a safety harness in the front seats of these aeroplanes, ensuring compliance with a scheme approved by the Secretary, to be completed before 1 June 1973. The enactment of this directive by the Commonwealth of Australia aims to enhance aviation safety standards and mitigate the risks associated with inadequate restraint systems in aircraft.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39-105, pertains to airworthiness directives issued by the Civil Aviation Safety Authority, with this particular directive (AD/AUS/20) focusing on the Auster/Beagle A.61 Series Aeroplanes. This legislation applies to all models within the specified aeroplane series, mandating that each front seat restraint installation be modified by fitting a safety harness. The requirement must align with a scheme approved by the Secretary, and compliance with these modifications is expected before 1 June 1973. The directive is applicable to any person or entity operating the Auster/Beagle A.61 Series Aeroplanes within Australian airspace, encompassing all Commonwealth territories. There are no stated exclusions or exemptions in the text, and the application is straightforward, with no indication of further extension or restriction through subordinate instruments.
Key Provisions
The Civil Aviation Regulations 1998, specifically Part 39 - 105, include an airworthiness directive (AD/AUS/20) that mandates the modification of front seat restraint installations in Auster/Beagle A.61 Series aeroplanes (Section 39-105). This directive requires the fitting of a safety harness in each front seat restraint installation, and the scheme for this fitting must be approved by the Secretary (Section 39-105). The directive applies to all models of the Auster/Beagle A.61 Series aeroplanes, as stated in the applicability clause (Section 39-105). The compliance date for these modifications is set before 1 June 1973, meaning that all affected aircraft must have completed the necessary modifications by this date to remain compliant with the regulations (Section 39-105).
The obligations imposed by this legislation on the parties and entities it governs are clear and specific. Aircraft owners, operators, and maintenance personnel must ensure that the modifications required by AD/AUS/20 are carried out correctly and in accordance with the approved scheme (Section 39-105). This includes obtaining the necessary approvals for the safety harness installation and ensuring that all modifications are completed before the specified compliance date. Failure to comply with these obligations could result in the aircraft being deemed non-airworthy, which could prevent it from operating legally (Section 39-105).
In terms of offences, penalties, and consequences for breach, the Civil Aviation Regulations 1998 do not specify maximum penalties in the extract provided. However, non-compliance with airworthiness directives can lead to significant civil and criminal consequences. Civil penalties may include fines, while criminal penalties could include imprisonment, depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988. Additionally, failure to comply with airworthiness directives can result in the grounding of the aircraft, which can have serious operational and financial implications for the aircraft owner or operator (Section 39-105). The seriousness of these consequences underscores the importance of adhering to the requirements set out in AD/AUS/20.