Overview

The Civil Aviation Regulations 1998, enacted by the Parliament of the Commonwealth of Australia, aim to ensure the safety of civil aviation within Australia by regulating various aspects of aircraft operation and maintenance. This legislation provides the framework for the Civil Aviation Safety Authority (CASA) to issue Airworthiness Directives (ADs) to address safety concerns identified with specific aircraft models or components. These directives mandate specific actions to be taken by aircraft operators to rectify identified safety issues. The AD/B737/171, issued under subregulation 39.1 (1) of the Civil Aviation Regulations 1998, targets the Boeing 737 Series Aeroplanes, specifically addressing issues with the elevator hinge plates on Model 737-600, -700, and -800 series aircraft. This directive was introduced to correct an unsafe condition identified during flight testing, where the elevator hinge plates experienced higher than expected loads due to buffeting by the spoiler. The policy objective of this AD is to ensure the continued airworthiness of the affected aircraft by mitigating the risk of fatigue cracking and potential loss of attachment of the elevator to the horizontal stabiliser.

Scope and Application

The Civil Aviation Regulations 1998, under the authority of the Civil Aviation Safety Authority (CASA), specifically within Part 39 - 105, addresses airworthiness directives to ensure the safety of aircraft and aeronautical products. This particular Airworthiness Directive (AD) targets the Boeing 737 Series Aeroplanes, more specifically Model 737-600, -700, and -800 series aircraft with line numbers 1 through 84. The directive mandates corrective actions to address issues with elevator hinge plates that have been experiencing higher than expected loads due to buffeting by the spoiler during flight testing, which could lead to fatigue cracking and subsequent loss of attachment of the elevator to the horizontal stabiliser. The directive requires compliance with the technical requirements outlined in the Federal Aviation Administration (FAA) AD 2001-23-01 Amdt 39-12498 and Boeing Service Bulletin 737-55-1067. The AD became effective on 21 February 2002, and any non-compliance could result in significant safety risks, thus necessitating strict adherence to the outlined requirements and compliance schedule.

Key Provisions

The Civil Aviation Regulations 1998 (CAR 1998), specifically Part 39, Section 105, outlines the requirements for Airworthiness Directives (ADs) under the Civil Aviation Safety Authority (CASA). An AD is issued by a CASA delegate to address safety concerns and requires compliance by aircraft operators. In this instance, AD/B737/171 pertains to the Boeing 737 Series Aeroplanes and mandates actions to mitigate risks related to elevator hinge plates experiencing higher than expected loads during flight, as detailed in FAA AD 2001-23-01 Amdt39-12498. The directive applies to Model 737-600, -700, and -800 series aircraft with specific line numbers, necessitating compliance with the AD's requirements, which include adhering to the technical instructions provided by the FAA. The directive became effective on 21 February 2002, with operators required to implement the necessary actions within the specified timeframe. The AD imposes specific obligations on aircraft operators and owners to ensure compliance with the requirements set forth in AD/B737/171. Operators must identify the applicable aircraft within the specified model and line numbers and take the necessary actions to address the identified safety issue. This involves inspecting the elevator hinge plates at specific hinges and replacing or repairing them if they show signs of fatigue or damage. Operators are required to follow the detailed instructions provided in FAA AD 2001-23-01 Amdt39-12498, ensuring that the actions taken are consistent with the technical requirements to mitigate the identified risk. Additionally, operators must maintain records of the actions taken and ensure that the aircraft remain airworthy throughout the process. Failure to comply with the requirements of an Airworthiness Directive can result in significant consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance may lead to enforcement actions by CASA, including fines, suspension or revocation of an aircraft's certificate of airworthiness, and potential legal action. In cases of serious non-compliance, CASA may also impose administrative penalties, with maximum fines reaching up to $222,244 for corporations and $44,448 for individuals, depending on the severity of the breach. Additionally, in cases where non-compliance results in an aviation accident or incident, operators and responsible individuals may face criminal charges, including imprisonment, reflecting the serious nature of ensuring compliance with safety directives to protect public safety.