COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Fokker F28 Series Aeroplanes
AD/F28/51 Main Landing Gear Bay Cracking 2/86
Applicability: All model F28 with S/Nos 11003 to 11091, 11094 to 11135, 11991 and 11992. Requirement: Action in accordance with Fokker SB F28/57-76.
Note: RLD AD 85-87 refers.
Compliance: Prior to 31 March 1986.
The manufacturer reports an instance of a crack in the area of Station 2635 and the rear spar.
Overview
The Civil Aviation Regulations 1998, as amended, play a crucial role in ensuring the safety and efficiency of civil aviation in Australia. This regulatory framework was enacted to address the need for comprehensive and enforceable safety standards in the aviation sector, thereby protecting both the public and industry stakeholders. One specific legislative instrument under these regulations is the Airworthiness Directives (ADs), which serve to mandate specific safety measures for particular aircraft models to rectify identified safety issues. The ADs are designed to be enforced by the Civil Aviation Safety Authority (CASA) to ensure compliance with safety standards. This legislative instrument, AD/F28/51, pertains to Fokker F28 Series aeroplanes, specifically targeting the issue of main landing gear bay cracking. The directive applies to a specific range of serial numbers and mandates corrective action in line with Fokker Service Bulletin F28/57-76, with compliance required prior to a specified date to mitigate the identified safety risk.
The enactment of the Civil Aviation Regulations 1998 by the Australian Parliament aims to uphold stringent safety standards within the aviation industry. The policy objective behind AD/F28/51 is to address and rectify the safety concern of main landing gear bay cracking in Fokker F28 Series aeroplanes, which was reported by the manufacturer. This directive ensures that operators of affected aircraft take necessary corrective actions to maintain airworthiness and public safety. The directive is an essential component of the regulatory framework, reflecting the commitment to continuous improvement in aviation safety through timely and targeted interventions.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, pertains to the Civil Aviation Safety Authority's (CASA) schedule of airworthiness directives which are binding on all Fokker F28 series aeroplanes with specific serial numbers, namely 11003 to 11091, 11094 to 11992, 11991, and 11992. The regulation is designed to address and rectify structural issues in the main landing gear bay, particularly cracking in the area of Station 2635 and the rear spar, by requiring compliance with Fokker Service Bulletin F28/57-76. This directive applies nationally within the Commonwealth of Australia, and its application is not limited to specific entities or industries but rather to all operators of the specified Fokker F28 aeroplanes. The directive mandates compliance by a specific date, prior to 31 March 1986, and references RLD AD 85-87 for further guidance. The regulation’s application is further extended or restricted through subordinate instruments that may provide additional specifications or clarifications on implementation.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1998, specifically AD/F28/51, pertain to the maintenance and inspection of the main landing gear bay in Fokker F28 Series aeroplanes. Section 39-105(2) mandates that all Fokker F28 aircraft with specific serial numbers (11003 to 11091, 11094 to 11135, 11991 and 11992) must adhere to Fokker Service Bulletin F28/57-76 for addressing main landing gear bay cracking. This directive applies to the area of Station 2635 and the rear spar of the aircraft, as identified by the manufacturer due to reported instances of cracking. Compliance with these requirements is mandatory, with a specified deadline of 31 March 1986, as referenced by RLD AD 85-87.
The Civil Aviation Regulations 1998 impose several obligations on the operators and owners of the affected Fokker F28 Series aeroplanes. These obligations include conducting thorough inspections of the specified areas to detect any signs of cracking or structural damage. Furthermore, if any defects are found, operators must implement the corrective actions detailed in Fokker Service Bulletin F28/57-76. This may involve repairs, replacements, or other modifications to ensure the continued airworthiness of the aircraft. Operators must also maintain detailed records of all inspections and any actions taken, as these records are crucial for compliance verification and future reference.
Failure to comply with the provisions of AD/F28/51 may result in significant legal consequences. Under the Civil Aviation Regulations 1998, non-compliance with airworthiness directives can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). This may include the issuance of compliance orders, fines, or even the grounding of non-compliant aircraft. In severe cases, CASA may impose criminal charges against the operator or owner of the aircraft, leading to substantial penalties. The exact penalties can vary, but they may include fines of up to $275,000 for corporations and imprisonment for individuals, depending on the severity of the breach and its impact on aviation safety.
In addition to potential criminal penalties, civil liabilities may also arise from non-compliance with AD/F28/51. Operators and owners of affected Fokker F28 aircraft could face lawsuits from passengers or third parties if an accident or incident occurs due to unaddressed structural issues in the main landing gear bay. Such civil actions could result in compensation claims for injuries, property damage, or other losses, further underscoring the importance of adhering to the airworthiness directives. Ensuring compliance not only protects the safety of passengers and crew but also helps mitigate the risk of costly legal repercussions for the operators and owners.