Overview

The Civil Aviation Regulations 1998, as amended, are a key piece of legislation in Australia that govern civil aviation safety and operations. Specifically, Part 39 of these Regulations deals with Airworthiness Directives (ADs), which are legally enforceable rules issued by the Civil Aviation Safety Authority (CASA) to address safety issues with specific aircraft types. Enacted by the Australian Parliament, these regulations aim to ensure that aircraft are maintained in a safe condition and are operated in a manner that protects the public and promotes the efficient use of airspace. The AD for the British Aerospace BAe 146 series aeroplanes, issued in 2000, exemplifies the practical application of these regulations in addressing specific safety concerns, such as the reported cracking of main landing gear sidestays. The policy objective of these directives is to mandate corrective actions that mitigate identified risks, thereby enhancing overall aviation safety.

Scope and Application

This Airworthiness Directive issued under the Civil Aviation Regulations 1998 applies to all BAe 146 series aircraft and all AVRO 146-RJ aircraft that are fitted with specific sidestays as outlined in the directive. The directive mandates that an inspection of the main landing gear inner sidestays be conducted according to the instructions specified in BAE Systems Mandatory Service Bulletin 32-157. The inspection must be carried out at the fuselage end of the sidestays to identify any potential cracks, as reported by the manufacturer. The directive specifies a compliance timeline based on the inspection requirements detailed in the Requirement document, with an effective date set for 7 September 2000. The AD became effective on the same date it was published in the Commonwealth of Australia Gazette on 9 August 2000. The directive is issued by a delegate of the Civil Aviation Safety Authority, who has determined the necessity of this action to address the identified unsafe condition.

Key Provisions

The Civil Aviation Regulations 1998, under Part 39, specifically address the airworthiness of aircraft through Airworthiness Directives (ADs). Section 39.1(1) allows the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the safety of aircraft operations. The Airworthiness Directive in question, AD/BAe 146/80, applies to all BAe 146 series aircraft and AVRO 146-RJ aircraft fitted with specific sidestays as outlined in Messier-Dowty Service Bulletin (SB) 146-32-148 (Section 1). The directive mandates that these aircraft undergo inspections in accordance with BAE Systems Mandatory SB 32-157 to address a reported crack at the fuselage end of the main landing gear inner sidestays by the anti-rotation pin (Section 2). The obligations imposed by this Airworthiness Directive are clear and specific. Operators of the affected aircraft must ensure that inspections are conducted following the detailed procedures set out in BAE Systems Mandatory SB 32-157 (Section 3). These inspections are required to be performed in accordance with the initial and repetitive inspection requirements as specified in the requirement document. Compliance with the directive is mandated to be achieved by the effective date of 7 September 2000, as outlined in the compliance section (Section 4). Failure to adhere to these requirements can result in the aircraft not being deemed airworthy, potentially leading to operational restrictions or grounding. Breach of the requirements set out in this Airworthiness Directive may have significant consequences. The regulations do not explicitly state penalties in the provided text, but non-compliance with CASA directives can lead to severe civil or criminal penalties under broader aviation safety laws. In practice, such breaches can result in substantial fines, operational sanctions, and potential criminal charges against operators or responsible individuals. The severity of these penalties reflects the critical importance of maintaining the airworthiness of aircraft to ensure public safety.