Overview

The Civil Aviation Regulations 1998, as amended, are a critical framework for ensuring the safety and airworthiness of aircraft within Australia. Enacted by the Australian Parliament, this legislation provides a comprehensive set of rules and standards governing all aspects of civil aviation. Specifically, the regulations address the identification and rectification of unsafe conditions in aircraft to prevent accidents and incidents. The 1998 enactment was a significant revision that aimed to align Australia's aviation safety regulations more closely with international standards, thereby enhancing the overall safety of civil aviation in the country. The policy objective behind these regulations is to protect public safety by ensuring that all aircraft operating within Australia meet stringent safety and airworthiness criteria.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 105, pertains to the Airworthiness Directives issued by the Civil Aviation Safety Authority (CASA). This legislation applies to the Fokker F100 (F28 Mk 100) series aeroplanes, more precisely to the model F.28 Mk. 0100 and Mk. 0070 aircraft equipped with Elevator Tension Regulator Assemblies having specific part numbers. The directive mandates actions to address an identified unsafe condition, requiring the modification or replacement of Elevator Tension Regulators in accordance with specified service bulletins. This Airworthiness Directive is applicable across the Commonwealth of Australia and becomes effective from the date of its notification in the Commonwealth of Australia Gazette. The requirement to comply with these directives must be met by 1 December 2002, with the directive becoming effective on 5 September 2002. The regulation is backed by a reported incident where an occurrence during a terminal departure led to the discovery of a loose bolt attaching the adjuster bracket to the elevator tension regulator.

Key Provisions

The Civil Aviation Regulations 1998, specifically within PART 39 - 105, establish an Airworthiness Directive (AD) under section 39.1 (1) that mandates certain actions to ensure the safety of Fokker F100 (F28 Mk 100) Series Aeroplanes. The directive applies to Model F.28 Mk. 0100 and Mk. 0070 aircraft that are equipped with specific Elevator Tension Regulator Assemblies (sections D78179-405, -407, -409, -411, and -413). The directive requires that these regulators be modified or replaced in accordance with the Accomplishment Instructions of Fokker Service Bulletin F100-27-081 and Component Service Bulletin D78179-27-017, both dated 1 January 2002. This action is necessitated by an incident during which the elevators of a Fokker 70 aircraft could not move through the full range of deflection due to a loose bolt in the tension regulator assembly. The directive is intended to prevent a recurrence of such unsafe conditions. The AD imposes specific obligations on the operators of the affected aircraft. These obligations include ensuring that the modifications or replacements are carried out by the specified date, which is before 1 December 2003. Failure to comply with this directive could result in the aircraft being deemed unairworthy, which would prevent it from operating until the required modifications are made. This requirement is clearly stated in the compliance section of the directive, which mandates action by a specific date to ensure continued airworthiness. Failure to comply with the AD could result in serious safety implications, as the directive is issued to address an identified safety issue. While the Civil Aviation Regulations 1998 do not specify particular civil or criminal penalties for non-compliance with this AD, failure to adhere to such directives can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). These actions could include grounding the aircraft until compliance is achieved, and in severe cases, CASA could pursue legal action against the operators or owners of the aircraft for non-compliance. Such actions could result in substantial financial penalties and reputational damage.