Overview

The Civil Aviation Regulations 1998, specifically PART 39 - 105, which was enacted by the Commonwealth of Australia, addresses the safety and airworthiness of aircraft within Australian airspace. One such regulation is the Airworthiness Directive AD/DH 82/12, which was introduced to tackle the issue of cockpit safety harness integrity in DH 82 (Tiger Moth) Series Aeroplanes. The problem identified was the deterioration of the strength of the webbing in the safety harnesses, which had led to failures during critical moments, as evidenced by a fatal accident in the UK. The policy objective is to ensure that the integrity of cockpit safety harnesses is maintained to prevent accidents due to harness failure. This Airworthiness Directive, which became effective on 17 June 1999, mandates inspections and, where necessary, replacements of the front and rear cockpit safety harnesses. Compliance with these regulations is required within specific timeframes, including intervals not exceeding 12 months and within certain flying hours, depending on the harness type and installation date. The directive references British Aerospace Mandatory TNS CT(Moth) No. 33 and UK CAA AD 007-03-99, ensuring a coordinated approach to aircraft safety across jurisdictions.

Scope and Application

The Civil Aviation Regulations 1998, as outlined in Part 39 - 105 of the Civil Aviation Safety Authority Schedule of Airworthiness Directives, specifically target all DH 82 Series aircraft, including the Tiger Moth. This legislation mandates rigorous safety measures to ensure the integrity of cockpit safety harness installations. The directive, AD/DH 82/12, demands a detailed inspection of both the front and rear cockpit safety harnesses in accordance with specified British Aerospace Mandatory Technical Instructions, and necessitates replacements for certain harness part numbers if they fail to meet the required standards. The compliance schedule is stringent, with deadlines set within certain flying hours or absolute dates, ensuring that maintenance is performed at regular intervals not exceeding 12 months. This legislative instrument is applicable nationwide, encompassing all DH 82 Series aircraft operating within Australia, thus ensuring a uniform standard of safety across the Commonwealth. The directive is complemented by UK Civil Aviation Authority AD 007-03-99, which underscores the international alignment in aviation safety standards.

Key Provisions

The Civil Aviation Regulations 1998, specifically Part 39 - 105, includes a schedule of airworthiness directives (ADs) that address safety requirements for various types of aircraft, including the DH 82 (Tiger Moth) series aeroplanes. One such directive, AD/DH 82/12, focuses on cockpit safety harness installations, their integrity, and lifing. This directive applies to all DH 82 Series aircraft (s 1). The directive sets out three main requirements: Firstly, it mandates an inspection of the integrity of both the front and rear cockpit safety harness installations, as detailed in Paragraph 2A of British Aerospace Mandatory TNS CT(Moth) No. 33 Issue 1 dated 1 March 1999 (s 1(1)). Secondly, it requires an inspection of the integrity of the front cockpit safety harness installation, in accordance with Paragraph 2B of the same document (s 1(2)). Lastly, for front and rear cockpit safety harnesses with specific part numbers (H34804A, H33257A, or 51764A), it mandates replacement in accordance with Paragraph 2D of the document (s 1(3)). The AD/DH 82/12 sets forth specific compliance requirements that must be adhered to by the operators of DH 82 Series aircraft. The first requirement, which concerns the inspection of the integrity of both the front and rear cockpit safety harness installations, must be completed within 10 flying hours or before 17 September 1999, whichever occurs first, and thereafter at intervals not exceeding 12 months (s 2(1)). The second requirement, which involves inspecting the integrity of the front cockpit safety harness installation, must also be completed within 10 flying hours or before 17 September 1999, whichever occurs first (s 2(2)). The third requirement, concerning the replacement of specific harness part numbers, must be carried out within 9 years of the initial installation date of the harness, or if the installation date is not known, within 150 flying hours or before 17 June 2002, whichever occurs first (s 2(3)). The directive became effective on 17 June 1999. Failure to comply with the requirements set out in AD/DH 82/12 could result in significant consequences, as the directive was issued following an investigation into a fatal accident in the UK where harness restraint cables and a lap strap near the stitching had failed during impact. The investigation revealed that the strength of the webbing had significantly deteriorated without any visual indication. Although the specific legislative instrument does not outline penalties or consequences for non-compliance, breaches of the Civil Aviation Regulations 1998 can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions may include fines, suspension or revocation of certificates, and potential criminal charges if the breach results in a safety incident. The severity of the penalties will depend on the nature and extent of the non-compliance, as well as any resulting harm or risk to safety.