Overview

The Civil Aviation Regulations 1998, specifically Part 39 - 105, was enacted by the Australian Parliament to ensure the safety and reliability of civil aviation within Australia. This legislative instrument, known as F2006B08623, was introduced to address a particular safety concern regarding the Bombardier (Canadair) CL-600 (Challenger) Series Aeroplanes, specifically focusing on the Branson fuel tank and its interaction with the electrical harness. The objective of this directive is to mandate an inspection and necessary modifications to ensure there is adequate clearance between the Branson fuel tank and the electrical harnesses, as well as to install a barrier between the forward Branson tank and the electrical harnesses. Compliance with these requirements is mandatory before the issuance of an Australian Certificate of Airworthiness, underscoring the importance of these safety measures.

Scope and Application

The Civil Aviation Regulations 1998, specifically under Part 39 - 105, applies to all Bombardier (Canadair) CL-600 (Challenger) Series aeroplanes that are listed in the Canadair Alert Service Bulletins (SB) A600-0250 and A600-0268. These regulations govern the airworthiness directives concerning the Branson fuel tank electrical harness inspection and modification, ensuring compliance with safety standards before an Australian Certificate of Airworthiness is issued. The regulations are designed to address safety concerns by mandating the installation of a barrier between the forward Branson tank and electrical harnesses to prevent potential hazards. The scope of this legislation is national, overseen by the Civil Aviation Safety Authority (CASA), and extends across all states and territories within Australia, ensuring a uniform approach to the safety of these aircraft. The regulations do not explicitly mention any exclusions, exemptions, or thresholds, but compliance is stringent and must be met through the referenced service bulletins. Subordinate instruments may further detail the specific procedures and compliance requirements.

Key Provisions

The primary sections of the Civil Aviation Regulations 1998 pertaining to the Bombardier (Canadair) CL-600 (Challenger) Series Aeroplanes involve the applicability and compliance requirements for airworthiness directives. Specifically, section 105 of PART 39 mandates the application of airworthiness directives issued for these aircraft, ensuring they meet safety standards before being granted an Australian Certificate of Airworthiness. These directives are intended to address specific safety concerns, as outlined in Canadair Alert SB A600-0250 and Canadair Alert SB A600-0268. The directives focus on ensuring adequate clearance between the electrical harnesses and the Branson fuel tank and installing a barrier to prevent any potential interactions between these components. The obligations imposed by this legislation on the parties governed by it include ensuring that the specified airworthiness directives are strictly followed. Operators and owners of the CL600 aeroplanes must adhere to the requirements outlined in the Canadair alerts, which include inspecting the electrical harness for proper clearance and installing a barrier between the forward Branson tank and the electrical harnesses. This is a prerequisite for the aircraft to be issued an Australian Certificate of Airworthiness, which is necessary for the aircraft to legally operate in Australia. The compliance process must be completed before any airworthiness certification is issued, ensuring that safety standards are met before the aircraft enters service. Failure to comply with the provisions of the airworthiness directives can lead to significant consequences. Under the Civil Aviation Regulations 1998, non-compliance can result in civil or criminal penalties. The specific penalties may vary, but they can include fines and, in severe cases, criminal charges. The maximum penalties for breaches of aviation safety regulations can be substantial, reflecting the importance of adhering to these safety standards to protect public safety. Operators and owners of the aircraft are therefore under a legal obligation to ensure that all required modifications and inspections are carried out before their aircraft can be certified as airworthy.