Overview

The Civil Aviation Regulations 1998 (CAR 1998) were enacted to ensure the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulation in the aviation sector, establishing standards and procedures for aircraft operations, maintenance, and safety. The CAR 1998 is administered by the Civil Aviation Safety Authority (CASA), which is the regulator of civil aviation in Australia. The policy objective of this legislation is to ensure the highest possible levels of safety in civil aviation through rigorous oversight and the implementation of safety directives, such as Airworthiness Directives (ADs), to address identified safety issues. For example, AD/BAe 146/90 was issued to prevent Traffic Collision and Avoidance System aural warnings being inhibited after a Ground Proximity Warning System aural warning or a GPWS test, thereby enhancing the safety of British Aerospace BAe 146 series aeroplanes.

Scope and Application

The Civil Aviation Regulations 1998, specifically PART 39 - 105 under the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives, applies to all BAe 146-100, -200, and -300 series aeroplanes that have certain modifications incorporated. The directive mandates specific safety measures to address identified unsafe conditions concerning the aircraft's Traffic Collision and Avoidance System (TCAS) and Ground Proximity Warning System (GPWS). The regulation applies nationally across Australia, with the Civil Aviation Safety Authority being the enforcing body. The directive requires the incorporation of modification HCM50261Y, as per the instructions in the BAe Systems (Operations) Ltd Modification Service Bulletin SB.34-339-50261Y dated 11 April 2001, before 1 March 2002. This Airworthiness Directive became effective on 12 July 2001, and its compliance is mandatory for the specified aircraft types. The regulation does not explicitly state any exclusions or exemptions, and its application can be extended or restricted through subordinate instruments as necessary.

Key Provisions

The Civil Aviation Regulations 1998 (CAR 1998), specifically under Part 39 - 105, include detailed provisions for airworthiness directives (ADs) that are issued to ensure the safety of civil aviation. Section 39.1(1) of CAR 1998 provides the authority for issuing such directives. One such directive, AD/BAe 146/90, pertains to the British Aerospace BAe 146 Series Aeroplanes. This directive mandates that specific modifications be incorporated to address safety concerns. The AD/BAe 146/90 requires all BAe 146-100, -200, and -300 series aeroplanes with specific modifications (HCM50261X and either HCM01077L or HCM50273B, and either HCM50040E or HCM50040N) to implement a particular modification, HCM50261Y, as outlined in the BAe Systems (Operations) Ltd Modification Service Bulletin SB.34-339-50261Y dated 11 April 2001. The directive was issued to prevent the Traffic Collision and Avoidance System (TCAS) aural warnings from being inhibited following a Ground Proximity Warning System (GPWS) aural warning or a GPWS test. The obligations imposed by this AD are clear and precise. Operators and owners of the specified BAe 146 series aeroplanes must ensure that the modification HCM50261Y is incorporated in accordance with the instructions provided in the referenced Modification Service Bulletin. This modification must be completed before 1 March 2002, as specified in the compliance section of the directive. Failure to comply with these requirements may result in the aircraft not meeting the necessary safety standards, potentially leading to significant safety risks. Failure to adhere to the provisions of this Airworthiness Directive can result in severe consequences. The Civil Aviation Regulations 1998, along with associated legislation, provide for both civil and criminal penalties for non-compliance. Civil penalties may include fines and other monetary penalties, while criminal penalties may include imprisonment, depending on the severity of the breach and the circumstances surrounding it. The exact penalties are determined by the courts but can be substantial given the critical nature of aviation safety. Ensuring compliance with this AD is therefore imperative for maintaining the safety and airworthiness of the affected aircraft.