COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
DH 94 (Moth Minor) Series Aeroplanes
AD/DH 94/1
Amdt 1
Flight Limitations 13/98
Applicability: All Models DH94 series aircraft.
Requirement: Action in accordance with the instructions contained within British Aerospace (BAe) Mandatory Technical News Sheet (TNS) CT (Moth) No. 32 Issue 2, as applicable to this aircraft.
Compliance: Within 150 hours time in service after 3 December 1998 or before 3 December 1999, whichever occurs first.
This amendment becomes effective on 3 December 1998.
Background: A recent accident occurred involving a Tiger Moth aircraft. The aircraft was involved in aerobatic manoeuvres and suffered structural failure. This Directive prohibited any form of aerobatic or spinning manoeuvres pending the conclusion of an accident investigation.
Amendment 1 is issued in response to Issue 2 of BAe TNS No. 32 which was issued in response to the results of the accident investigation. This Directive requires certain actions specific to the DH94 aircraft, and makes permanent the flight limitations introduced by the original issue.
The original issue of this Airworthiness Directive became effective on 25 March 1998.
Overview
The Civil Aviation Regulations 1998, specifically Part 39 - 105, which pertains to the Civil Aviation Safety Authority Schedule of Airworthiness Directives, includes AD/DH 94/1, an amendment addressing flight limitations for the DH 94 (Moth Minor) series aeroplanes. This legislative instrument was enacted to address safety concerns following a recent accident involving a Tiger Moth aircraft that suffered structural failure during aerobatic manoeuvres, resulting in an accident investigation. The amendment, which became effective on 3 December 1998, mandates compliance with the instructions contained in British Aerospace (BAe) Mandatory Technical News Sheet (TNS) CT (Moth) No. 32 Issue 2, with a requirement to implement these changes within 150 hours of time in service after the specified date or before 3 December 1999, whichever comes first. This directive aims to ensure the safety of DH 94 series aircraft by prohibiting aerobatic and spinning manoeuvres until the necessary actions are completed.
This legislative instrument was enacted by the Commonwealth of Australia and is part of the Civil Aviation Regulations 1998, administered by the Civil Aviation Safety Authority (CASA). The policy objective of this amendment is to enhance the safety standards of DH 94 series aircraft by implementing permanent flight limitations following the investigation of a significant accident. The amendment responds directly to the findings of the accident investigation and the subsequent technical news sheet issued by British Aerospace, ensuring that operators of DH 94 series aircraft adhere to stringent safety measures to prevent similar incidents in the future.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, under the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives, governs the operational standards of the DH 94 (Moth Minor) Series Aeroplanes. This legislation applies to all models of DH94 series aircraft, mandating compliance with certain technical instructions to ensure airworthiness. The requirement, as outlined in Amendment 1 to Airworthiness Directive AD/DH 94/1, mandates adherence to the instructions in British Aerospace (BAe) Mandatory Technical News Sheet (TNS) CT (Moth) No. 32 Issue 2, as applicable to the aircraft in question. Compliance must be achieved within 150 hours of time in service after 3 December 1998 or before 3 December 1999, whichever comes first. This directive was enacted following a structural failure during aerobatic manoeuvres in a Tiger Moth aircraft, leading to a prohibition on such manoeuvres pending investigation. The amendment to this directive, effective from 3 December 1998, formalises the flight limitations introduced by the original directive, ensuring ongoing safety standards for the DH94 series aircraft.
Key Provisions
The main sections of the Civil Aviation Regulations 1998, particularly Part 39 - 105 concerning the Civil Aviation Safety Authority's Schedule of Airworthiness Directives for DH 94 (Moth Minor) Series Aeroplanes, are AD/DH 94/1 Amendment 1, which addresses flight limitations (1). This amendment applies to all models of DH94 series aircraft and requires compliance with British Aerospace (BAe) Mandatory Technical News Sheet (TNS) CT (Moth) No. 32 Issue 2 as it pertains to the aircraft in question (1). The compliance deadline is set within 150 hours of time in service after 3 December 1998 or before 3 December 1999, whichever comes first (1). This amendment became effective on 3 December 1998 (1).
The obligations imposed by this Act include ensuring that all DH94 series aircraft adhere strictly to the technical instructions outlined in BAe TNS CT (Moth) No. 32 Issue 2. This entails conducting the necessary modifications and checks within the specified timeframe to maintain the airworthiness of the aircraft (1). Specifically, operators must ensure that any aerobatic or spinning manoeuvres are strictly prohibited until the required actions are completed and verified (1). Operators must also maintain detailed records of compliance to demonstrate adherence to the Airworthiness Directive (1).
Failure to comply with the requirements of this Airworthiness Directive can result in severe consequences. Operational non-compliance could lead to grounding of the aircraft, as the regulatory authority may deem the aircraft unsafe for flight until the mandated actions are completed (1). Additionally, non-compliance may attract penalties under the Civil Aviation Act 1988, which could include fines or other legal actions. The specific maximum penalties are not detailed in the excerpt but could include substantial fines and imprisonment, as stipulated by the broader regulatory framework (1).