Overview

The Civil Aviation Regulations 1998, enacted by the Commonwealth of Australia, are a comprehensive set of rules governing civil aviation safety in the country. Within these regulations, Part 39 - 105, the Civil Aviation Safety Authority Schedule of Airworthiness Directives, aims to ensure that all aircraft meet specific safety standards to operate in Australian airspace. One such directive is AD/BN-2/14 Amendment 2, which addresses the modification of the flap operating lever for all models of the Pilatus Britten-Norman BN-2 Series Aeroplanes. This directive was introduced to address the problem of ensuring that the flap operating lever is modified as per the Britten-Norman Modification Leaflet BN-2/NB/M/417 to maintain airworthiness standards. The requirement for compliance within 100 hours of time in service after 30 November 1970 underscores the importance of timely modifications to enhance aircraft safety. This legislative instrument is enacted by the Civil Aviation Safety Authority, which has the policy objective of maintaining and improving the safety of civil aviation in Australia.

Scope and Application

The Civil Aviation Safety Authority (CASA) issued Airworthiness Directive AD/BN-2/14 Amendment 2, which applies to all models of the Pilatus Britten-Norman BN-2 series aeroplanes. This directive mandates a modification to the flap operating lever, as outlined in Britten-Norman Modification Leaflet BN-2/NB/M/417, to be carried out within 100 hours of time in service following 30 November 1970. The directive applies to any entity operating these aircraft within the Australian Commonwealth, ensuring compliance with safety standards. The scope of this regulation is confined to the specified modification of the flap operating lever and does not extend to other aspects of aircraft maintenance or operation unless otherwise specified in subordinate instruments or additional directives. The directive does not specify any exclusions or exemptions, thus applying uniformly to all relevant aircraft operators within the jurisdiction.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1998 (CAR), specifically Part 39 - 105, mandate the airworthiness requirements for the Pilatus Britten-Norman BN-2 Series Aeroplanes. Section 39.105 requires that all models of the BN-2 series aeroplanes comply with specific Airworthiness Directives (AD). One such directive, AD/BN-2/14 Amendment 2, pertains to the flap operating lever and requires modifications to ensure safety and airworthiness (Section 39.105(1)). Compliance with this directive must be achieved within 100 hours of time in service after 30 November 1970, as stipulated in the Britten-Norman Modification Leaflet BN-2/NB/M/417 (Section 39.105(2)). Under the CAR, the obligations imposed on the operators and owners of the Pilatus Britten-Norman BN-2 Series Aeroplanes include ensuring that the aircraft comply with all specified Airworthiness Directives. Specifically, operators and owners must adhere to the modifications outlined in AD/BN-2/14 Amendment 2 regarding the flap operating lever. This involves inspecting, modifying, or replacing parts as necessary, as detailed in the referenced Britten-Norman Modification Leaflet BN-2/NB/M/417 (Section 39.105(3)). Failure to comply with these modifications within the prescribed timeframe can result in the aircraft being deemed unairworthy, which could lead to grounding and potential legal repercussions. The consequences for non-compliance with the airworthiness directives are significant. Section 39.105(4) of the CAR outlines that operators who fail to comply with the AD/BN-2/14 Amendment 2 may face civil penalties, including fines. The severity of the penalty depends on the nature and extent of the non-compliance. In some cases, continued operation of a non-compliant aircraft can lead to criminal charges, with potential maximum penalties including substantial fines and imprisonment for directors or responsible persons. Such enforcement actions are taken to ensure the highest standards of aviation safety are maintained across the industry.