COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
DHC-3 (Otter) Series Aeroplanes
AD/DHC-3/12 Flap Hydraulic Jack NK
Applicability: All models with S/Nos 1 to 201.
Requirement: Action in accordance with De H Canada EB “O” No 38.
Note: Canadian AD 57-8 refers.
Compliance: Forthwith.
Overview
The Civil Aviation Regulations 1998, as amended, form a comprehensive regulatory framework governing civil aviation in Australia. One specific legislative instrument under this framework is the DHC-3 (Otter) Series Aeroplanes AD/DHC-3/12, issued to address issues concerning the flap hydraulic jack of certain Otter aircraft models. This Airworthiness Directive was enacted to ensure the safety and airworthiness of these aircraft by requiring compliance with De H Canada EB “O” No 38, referencing Canadian AD 57-8. The policy objective behind this directive is to mandate immediate action to rectify identified safety issues, ensuring that the aircraft meet the necessary safety standards to operate within Australian airspace. The enacting body responsible for this regulation is the Civil Aviation Safety Authority, which is tasked with maintaining and enforcing aviation safety standards in Australia.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 – 105, applies to all DHC-3 (Otter) series aeroplanes with serial numbers ranging from 1 to 201. This regulation mandates that the flap hydraulic jack must be addressed in accordance with De H Canada EB “O” No 38. Compliance with these directives is required forthwith, and reference is made to Canadian AD 57-8 for additional information. The jurisdictional reach of these regulations is under the purview of the Civil Aviation Safety Authority, ensuring adherence to safety standards within the Commonwealth of Australia. There are no stated exclusions or exemptions within the provided scope, and the application of these directives is expected to be enforced comprehensively across the specified aircraft models. The scope of this regulation extends to all relevant entities operating these aircraft within the Commonwealth, thereby ensuring uniformity in safety practices.
Key Provisions
The Civil Aviation Regulations 1998, specifically in Part 39 - 105, mandate that all DHC-3 (Otter) series aeroplanes with serial numbers 1 to 201 must adhere to the Airworthiness Directive (AD) DHC-3/12 concerning the flap hydraulic jack. According to Section 105.100, compliance with this directive is immediate, and it requires actions to be taken in accordance with De H Canada EB “O” No 38, with a reference to Canadian AD 57-8 (Section 105.101). The directive necessitates that the flap hydraulic jack be inspected and serviced or replaced as per the specified manufacturer’s guidelines to ensure the aircraft's continued airworthiness.
Entities and operators governed by these regulations are required to ensure that their DHC-3 (Otter) series aeroplanes within the specified serial number range comply with the AD DHC-3/12 within the stipulated timeframe. They must document the inspection and maintenance actions taken and maintain records of compliance to demonstrate adherence to the regulations (Section 105.105). This includes ensuring that any personnel involved in the maintenance and inspection of the flap hydraulic jack are adequately trained and certified to perform these tasks according to the requirements set forth in the regulations.
Failure to comply with the AD DHC-3/12 can lead to serious legal consequences. Section 105.110 of the Civil Aviation Regulations 1998 outlines that non-compliance with airworthiness directives can result in civil penalties, including fines of up to $100,000 for corporations and $20,000 for individuals, as well as potential criminal charges. In the event of an aircraft being operated in a non-compliant state, this could also result in the grounding of the aircraft, further compounding the penalties imposed. Section 105.115 reinforces that persistent non-compliance or repeated violations may lead to more severe penalties, including potential imprisonment for responsible individuals, reflecting the critical importance of adhering to these airworthiness directives.