Overview

The Civil Aviation Regulations 1998, under Part 39 - 105, addresses the ongoing maintenance and safety standards required for civil aircraft within Australia. Specifically, the legislation was enacted to ensure the safe operation of aircraft by issuing Airworthiness Directives (ADs) that mandate corrective actions in response to identified safety concerns. The Civil Aviation Safety Authority (CASA), as the regulating body, issues these directives to rectify unsafe conditions and ensure compliance with airworthiness standards. The policy objective of these regulations is to maintain the highest safety standards in the aviation industry, thereby protecting passengers, crew, and the general public. In response to a reported crack at the top of the nose landing gear oleo in BAe 146 series aircraft, the CASA issued Airworthiness Directive AD/BAe 146/79, effective from 7 September 2000. This directive mandates a non-destructive testing inspection in accordance with BAe Systems Mandatory Service Bulletin 32-158. The directive applies to all BAe 146 series aircraft and AVRO 146-RJ aircraft equipped with specific nose landing gear parts, ensuring that any identified defects are addressed promptly to prevent potential safety hazards.

Scope and Application

The Civil Aviation Regulations 1998, specifically under Part 39, establishes the scope and application of Airworthiness Directives (ADs) such as AD/BAe 146/79 for British Aerospace BAe 146 Series Aeroplanes. This particular AD applies to all BAe 146 series aircraft and all AVRO 146-RJ aircraft equipped with nose landing gears bearing certain part numbers, including those with part numbers 200876001 to 004 and part number 201138002 up to and including serial number M-DG-0168. The directive mandates that a Non-Destructive Testing (NDT) inspection of the upper end of the nose landing gear oleo must be conducted in accordance with the instructions provided in the BAe Systems Mandatory Service Bulletin (SB) 32-158, with reference to Messier-Dowty SB 146-32-149. This action is necessary to address the identified unsafe condition and ensure the continued airworthiness of the specified aircraft. The directive becomes effective on 7 September 2000 and remains in force until the 'Closing Action' specified in the requirement document is completed. The AD is issued under the authority of the Civil Aviation Safety Authority (CASA) and was notified in the Commonwealth of Australia Gazette on 9 August 2000.

Key Provisions

The Airworthiness Directive (AD) BAe 146/79, issued under the Civil Aviation Regulations 1998 (CAR 1998), specifically addresses the safety of the nose landing gear oleo in British Aerospace (BAe) 146 series and Avro 146-RJ aircraft. This directive applies to all BAe 146 series aircraft and Avro 146-RJ aircraft with certain part numbers and serial numbers of nose landing gears (section (a)). The requirement is that these aircraft undergo inspections as outlined in BAe Systems Mandatory Service Bulletin (SB) 32-158, with a reference to Messier-Dowty SB 146-32-149 (section (b)). Compliance with these inspection requirements must occur by the specified dates and until certain closing actions are completed (section (c)). The AD imposes obligations on aircraft operators to ensure that the specified inspections are performed on the nose landing gear oleo of the applicable aircraft. Operators must follow the instructions provided in the BAe Systems Mandatory Service Bulletin (SB) 32-158 and any referenced documents, such as the Messier-Dowty SB 146-32-149. The inspections are mandated to be carried out by the effective date of the AD, which is 7 September 2000, and continue until the closing actions specified in the requirement document are accomplished. Non-compliance with this directive could potentially result in the aircraft being deemed unsafe for operation, leading to grounding or other enforcement actions by the Civil Aviation Safety Authority (CASA). Failure to comply with the Airworthiness Directive can result in serious consequences. Under CAR 1998, non-compliance with an AD may be considered a breach of the regulations, which can lead to enforcement actions by CASA. Such actions may include fines, penalties, or other legal actions against the aircraft operator. The specific penalties for non-compliance are not detailed in the AD itself but can be severe, reflecting the importance of adhering to safety directives to ensure the continued airworthiness and safety of the aircraft. CASA has the authority to take necessary measures to enforce compliance, which may include grounding the aircraft until the required inspections are completed.