Overview

The Civil Aviation Regulations 1998, specifically Part 39 - 105, introduced a framework to ensure the safety of aircraft operations through airworthiness directives. This piece of legislation was enacted to address gaps in the safety oversight of aircraft and to ensure compliance with international safety standards. The policy objective is to maintain a high level of safety in civil aviation by mandating specific maintenance and inspection requirements for aircraft types that have been identified as having potential safety issues. The Civil Aviation Safety Authority (CASA) is the body responsible for enacting these regulations, ensuring that all civil aviation activities within Australia meet stringent safety criteria. This legislative instrument focuses on Fokker F28 Series Aeroplanes, requiring operators to adhere to a Structural Integrity Program to mitigate risks associated with known structural deficiencies.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 105 under the Civil Aviation Safety Authority Schedule of Airworthiness Directives, apply to Fokker F28 series aeroplanes. This legislation mandates adherence to specified structural integrity protocols to ensure aircraft safety. It applies to all models of the Fokker F28 aircraft, requiring compliance with the retirement lives, inspection methods, and periods, and required modifications as detailed in the Fokker F28 Structural Integrity Program Document. Additionally, operators must adhere to the Messier Dowty SB 32-165R Revision 3 document. This directive mandates that aircraft must not be returned to service with known unrepaired cracks without approval from the Civil Aviation Safety Authority or the operator's authorised structural design signatory. The scope of this regulation is national, extending throughout Australia, and it supersedes previous amendments to the Airworthiness Directive, with the latest amendment becoming effective on 18 May 2000. The regulation does not explicitly state exclusions or exemptions, but the necessity for specific inspections and modifications indicates a comprehensive application to all Fokker F28 aircraft within the jurisdiction.

Key Provisions

The Civil Aviation Regulations 1998, under Part 39, Section 105, include a schedule of airworthiness directives pertinent to Fokker F28 series aeroplanes. Specifically, the most recent amendment, AD/F28/45 Amdt 5, addresses the structural integrity program for these aircraft (sections 1 and 2). This directive mandates compliance with the specified retirements, inspection methods, periods, and required modifications as outlined in the Fokker F28 Structural Integrity Program Document 28438 Part 1, including its revisions, and the Messier Dowty SB 32-165R Revision 3 (section 3). Furthermore, the directive stipulates that dimpled fuselage skin panels must be inspected using an impedance plane low frequency eddy current sliding probe technique, and that any aircraft with known unrepaired cracks cannot be returned to service without explicit approval from the Authority or the operator's authorised structural design signatory. Operators and owners of Fokker F28 series aeroplanes must ensure they adhere to the requirements outlined in the Structural Integrity Program, including the specified inspection techniques and the prohibition on operating aircraft with unrepaired cracks without proper approval (section 3). This entails conducting inspections and modifications as per the detailed instructions in the Fokker F28 Structural Integrity Program Document and its revisions, and maintaining records of these actions. It is also crucial for operators to have the necessary approvals from the Civil Aviation Safety Authority or their designated structural design authority before returning an aircraft to service after any structural repairs. Failure to comply with the provisions of this airworthiness directive can result in significant consequences. The Civil Aviation Regulations impose both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may encompass imprisonment. The exact penalties depend on the severity and nature of the breach but can be substantial given the critical nature of airworthiness directives. Non-compliance can also result in the grounding of the affected aircraft, leading to operational disruptions and financial losses for the operator. The specific penalties are detailed in the Civil Aviation Regulations, which provide for both administrative and judicial enforcement mechanisms to ensure adherence to these critical safety standards.