COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
AIRWORTHINESS DIRECTIVE
For the reasons set out in the background section, the CASA delegate whose signature appears below revokes Airworthiness Directive (AD) AD/DH 60/7 and issues the following AD under subregulation 39.1 (1) of CAR 1998. The AD requires that the action set out in the requirement section (being action that the delegate considers necessary to correct the unsafe condition) be taken in relation to the aircraft or aeronautical product mentioned in the applicability section: (a) in the circumstances mentioned in the requirement section; and (b) in accordance with the instructions set out in the requirement section; and (c) at the time mentioned in the compliance section.
De Havilland DH 60 (Moth) Series Aeroplanes
AD/DH 60/7
Amdt 1
Introduction of Increased Strength Seat Harness Transverse Cable
4/2001
Applicability: All DH 60 Series aircraft.
Requirement: Replace existing harness transverse cables with cables of higher strength in accordance with British Aerospace Mandatory TNS CT(Moth) No 37 Issue 2 dated 1 December 2000. Alternate cables of equivalent or greater strength to those required by TNS CT(Moth) No 37 Issue 2 are acceptable.
Note: UK CAA AD 002-10-2000 refers.
Compliance: Before 22 February 2002, unless already accomplished. This amendment becomes effective on 19 April 2001.
Background: Investigation in UK has shown that, under overload conditions, the initial point of failure of the harness assembly or attachments can be the shoulder harness transverse cable. This failure will result in total loss of upper body restraint for the seat occupant. The UK Air Accident Investigation Branch specifically recommended that the existing cable be replaced by one of higher strength.
Amendment 1 has been issued to permit alternate cables to those specified in the requirement document to be used.
The original issue of this Airworthiness Directive became effective on 22 February 2001.
David Alan Villiers
Delegate of the Civil Aviation Safety Authority 26 February 2001
The above AD is notified in the Commonwealth of Australia Gazette on 21 March 2001.
Overview
The Civil Aviation Regulations 1998 (CAR 1998) were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia. Specifically, Part 39 of the regulations addresses airworthiness, with the aim of ensuring that all aircraft are maintained in a condition that is safe for operation. The Civil Aviation Safety Authority (CASA) is the body responsible for overseeing compliance with these regulations, and has the authority to issue Airworthiness Directives (ADs) to address safety issues as they arise. The Airworthiness Directive issued under this regulation, AD/DH 60/7, was introduced to address a safety issue identified with the harness transverse cables on De Havilland DH 60 (Moth) Series Aeroplanes. The policy objective of the AD is to ensure that these aircraft are operated safely by mandating the replacement of the existing harness transverse cables with cables of increased strength. This was in response to findings from an investigation in the United Kingdom, which showed that under overload conditions, the initial point of failure of the harness assembly or attachments could be the shoulder harness transverse cable, leading to a total loss of upper body restraint for the seat occupant.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, outlines the requirements for the maintenance and operation of aircraft within Australia. This regulation applies to all individuals, entities, and organisations involved in the manufacture, maintenance, and operation of aircraft. The scope of this legislation extends to any person or entity engaged in civil aviation activities, including aircraft manufacturers, maintenance organisations, and flight operators. The geographic reach of these regulations is national, governing all civil aviation activities within the Commonwealth of Australia. The Act does not specify particular exclusions or thresholds, but rather mandates compliance across the entire industry. Subordinate instruments and advisory notices may further extend or clarify the application of these regulations, providing additional guidance or specific instructions to ensure safety and compliance within the aviation sector.
Key Provisions
The key operative sections of this legislation are outlined in the Airworthiness Directive (AD) AD/DH 60/7 Amendment 1. This AD applies to all De Havilland DH 60 (Moth) Series aeroplanes. The main requirement (under section 39.1 (1) of CAR 1998) is to replace the existing harness transverse cables with cables of increased strength as specified in British Aerospace Mandatory Technical Notice CT(Moth) No 37 Issue 2 dated 1 December 2000, or with alternate cables of equivalent or greater strength. The directive mandates that this replacement must be carried out before 22 February 2002 unless it has already been accomplished. The amendment to the AD became effective on 19 April 2001, providing a specific timeline for compliance.
The obligations imposed by this AD on the relevant parties, primarily the owners and operators of De Havilland DH 60 Series aircraft, are clear and specific. They must ensure that the harness transverse cables are replaced with higher strength cables or equivalent, following the instructions set out in the directive. This involves a detailed inspection and potential replacement of components to meet the safety standards outlined. The directive explicitly states the requirement and compliance timelines, ensuring that the safety measures are implemented without delay.
In terms of consequences for non-compliance, although the specific civil or criminal penalties are not detailed in the directive, the AD is a legally binding requirement issued by the Civil Aviation Safety Authority (CASA). Non-compliance with such an AD could potentially lead to enforcement actions by CASA, including fines or other penalties as prescribed by the Civil Aviation Act 1988. The authority may also take steps to prevent the operation of non-compliant aircraft, ensuring that safety standards are upheld within the aviation sector. The seriousness of the potential consequences underscores the importance of adhering to the directives to maintain safety and regulatory compliance.