COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
British Aerospace BAe 146 Series Aeroplanes
AD/BAe 146/42 Wing Centre Section Top Skin 4/92
Applicability: All Series 146 aircraft pre mod HCM 00851C.
Requirement: Action in accordance with Mandatory BAe 146 Service Bulletin SB 57-41, dated 26 July 1991.
Compliance: Inspect before achieving 24 000 flights and then at intervals not exceeding 9 000 flights.
Background: Recent results from the manufacturer’s airframe structural test program have indicated that cracking should be expected in both the LH and RH upper wing skin panels, beneath the upper centre line butt strap.
Overview
The Civil Aviation Regulations 1998, enacted by the Parliament of Australia, aim to ensure the safety and efficiency of civil aviation within Australia. One of the specific directives under these regulations is the Airworthiness Directive AD/BAe 146/42, which was introduced to address structural concerns identified in the British Aerospace BAe 146 Series aeroplanes. This directive was prompted by findings from the manufacturer's airframe structural test program, which revealed potential cracking in the upper wing skin panels of Series 146 aircraft. The directive mandates inspections and compliance with specific service bulletins to mitigate these safety risks, ensuring that these aircraft remain airworthy and safe for operation. The policy objective is to maintain high safety standards within the civil aviation sector by enforcing rigorous checks and adherence to manufacturer recommendations.
Scope and Application
The Civil Aviation Regulations 1998, specifically PART 39 - 105, applies to all British Aerospace BAe 146 Series aeroplanes, particularly those designated as Series 146 aircraft pre mod HCM 00851C. This regulation is issued by the Civil Aviation Safety Authority and mandates actions in accordance with the Mandatory BAe 146 Service Bulletin SB 57-41, dated 26 July 1991. It requires an inspection of the wing centre section top skin before the aircraft achieves 24,000 flights and subsequently at intervals not exceeding 9,000 flights. The legislation is applicable on a national scale, as it governs aviation safety across the Commonwealth of Australia, ensuring compliance with safety directives to maintain the airworthiness of the specified aircraft models. The Act does not specify exclusions or exemptions but relies on the mandatory service bulletin for compliance, indicating that any deviations from the prescribed inspections and actions would not be compliant with the regulatory requirements.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1998, specifically in PART 39 - 105, detail the requirements for maintaining the airworthiness of British Aerospace BAe 146 Series Aeroplanes. The regulation in question, AD/BAe 146/42, mandates that all Series 146 aircraft pre-modification HCM 00851C must adhere to the procedures outlined in Mandatory BAe 146 Service Bulletin SB 57-41, dated 26 July 1991 (Section 39-105). This service bulletin provides the necessary instructions for the inspection and possible repair of the wing centre section top skin to prevent structural failure due to cracking.
These regulations impose specific obligations on the operators and maintenance personnel of the affected aircraft. Operators must ensure that the inspections of the wing centre section top skin are carried out before the aircraft reaches 24,000 flights and subsequently at intervals not exceeding 9,000 flights (Section 39-105). Compliance with these inspection intervals is critical to maintaining the airworthiness of the aircraft and ensuring passenger safety. Failure to adhere to these requirements could result in the aircraft being deemed unairworthy, leading to potential grounding and significant operational disruptions.
In addition to the operational obligations, the Civil Aviation Regulations 1998 outline consequences for non-compliance. If an operator fails to comply with the specified inspection intervals or does not take appropriate action following the findings of an inspection, this could be considered a breach of airworthiness regulations. Such breaches may result in enforcement actions, including fines and potential criminal charges for those responsible. The severity of the penalties can vary depending on the nature and extent of the breach, but they are designed to enforce strict adherence to safety standards within the aviation industry.
The maximum penalties for non-compliance with these airworthiness directives can be substantial. Under the Civil Aviation Act 1988, an individual may face fines up to $222,222 or imprisonment for up to 2 years, or both, for serious breaches that result in significant risk to public safety. For corporations, the fines can be even higher, reaching up to $1,111,111. These penalties underscore the importance of strict compliance with the airworthiness directives and highlight the regulatory body's commitment to ensuring high safety standards in civil aviation.