COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
DH114 (Heron) Series Aeroplanes
AD/DH114/11 Wing Rear Spar - Inspection NK
Applicability: All models not modified in accordance with DH Heron Mod. No. 1454. Document: De Havilland TNS Series Heron (114) No. W.10, Issue 2.
Compliance: Before 31 May 1961.
Overview
The Civil Aviation Regulations 1998, enacted by the Parliament of the Commonwealth of Australia, were established to regulate the safety of civil aviation and address any gaps in existing laws. One such piece of legislation is the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives DH114 (Heron) Series Aeroplanes, specifically AD/DH114/11, which pertains to the inspection of the wing rear spar for Heron series aeroplanes. This directive was introduced to ensure that all affected aircraft are maintained to an appropriate airworthiness standard, thereby addressing the problem of non-compliance with established safety protocols. The policy objective of this legislation is to ensure that all civil aviation activities in Australia adhere to the highest standards of safety and reliability, thereby protecting the lives of passengers and crew as well as the general public.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, pertains to the Civil Aviation Safety Authority's Schedule of Airworthiness Directives for the de Havilland DH114 (Heron) Series Aeroplanes, as detailed in AD/DH114/11. This legislation applies to all models of the DH114 series that have not been modified in accordance with DH Heron Modification Number 1454. The regulation mandates a comprehensive inspection of the wing rear spar for these aircraft, referencing the de Havilland Technical Notice Series (TNS) for the Heron, Issue 2. Compliance with this directive is required for aircraft that were manufactured before 31 May 1961. The directive is issued under the authority of the Civil Aviation Regulations and carries significant implications for the airworthiness and operational safety of the specified aircraft within the Australian airspace. The regulation's geographic and jurisdictional reach is national, applying across all states and territories of Australia, and there are no stated exclusions or exemptions, ensuring a uniform safety standard for this specific aircraft model.
Key Provisions
The Civil Aviation Regulations 1998, specifically Part 39 - 105, outlines the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives, with AD/DH114/11 being one such directive concerning De Havilland Heron Series aeroplanes. This directive mandates inspections for the wing rear spar on all models of the Heron series that have not been modified in accordance with DH Heron Mod. No. 1454 (1). The directive applies to aeroplanes that were compliant before 31 May 1961, as documented in De Havilland TNS Series Heron (114) No. W.10, Issue 2 (2). Essentially, this requirement ensures that the specified component of the aircraft undergoes regular inspection to maintain airworthiness and safety standards.
Under this directive, operators of the De Havilland Heron aeroplanes must ensure that inspections of the wing rear spar are conducted as specified. Operators must refer to the documentation provided by De Havilland to understand the scope and detail of the inspections required (3). This includes ensuring that the inspections are performed by appropriately qualified personnel and that any necessary repairs or modifications are completed to the satisfaction of CASA. Failure to adhere to these inspection requirements can result in the aircraft being grounded or denied airworthiness certification, thereby impacting the operational capabilities of the aircraft.
Breaching the requirements of AD/DH114/11 can lead to serious consequences. The Civil Aviation Regulations 1998 impose penalties for non-compliance with airworthiness directives. Under section 91 of the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in a civil penalty of up to $132,000 for a corporation and $26,400 for an individual (4). Additionally, CASA can issue enforcement actions, which may include directives to rectify non-compliance, suspension or revocation of air operator certificates, and other regulatory actions deemed necessary to ensure compliance and safety. These stringent measures underscore the importance of adhering to the specified airworthiness requirements to maintain the safety and reliability of the aircraft in operation.