COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Gyroflug SC01 B-160 (Speed Canard) Series Aeroplanes
AD/GYRO/1 Airworthiness Limitations 3/98
Applicability: All models SC01 B-160.
Requirement: 1. Retire the entire airframe from service in accordance with the fatigue life limitations specified in Australian Certificate of Type Approval Data Sheet No. A104.
Compliance: This requirement becomes effective from 26 February 1998.
This airworthiness directive becomes effective on 26 February 1998.
Background: This model was certificated in Australia under the automatic acceptance provisions of CAR 22A, based on prior acceptance by the UK CAA. Therefore any conditions or restrictions placed on this aeroplane by the UK CAA and/or the LBA will automatically apply in Australia. The fatigue life limitations of this AD were imposed by the UK CAA as a condition of type certification in that country (UK CAA Airworthiness Approval Note AAN 19687 refers).
The UK CAA has stated that the initial fatigue life will remain at 3,000 hours pending justification of life factors used by the manufacturer.
Overview
The Civil Aviation Regulations 1998, specifically within Part 39, addresses the safety and operational standards for civil aviation in Australia. This legislative instrument was enacted by the Commonwealth of Australia to establish comprehensive regulations governing the airworthiness and operation of aircraft. One particular directive under these regulations is AD/GYRO/1, which pertains to Gyroflug SC01 B-160 (Speed Canard) Series Aeroplanes, outlining airworthiness limitations and the requirement to retire the entire airframe from service after specified fatigue life limitations. The directive was introduced to ensure that all Gyroflug SC01 B-160 aeroplanes comply with stringent safety standards, aligning with the type approval data provided by the Australian Certificate of Type Approval. The objective of this directive is to mitigate any safety risks associated with the operational lifespan of these aircraft, ensuring that they meet the necessary safety benchmarks to protect passengers and crew.
The enactment of this directive by the Commonwealth of Australia reflects a commitment to harmonising international safety standards with domestic regulations, particularly given that the Gyroflug SC01 B-160 model was certificated in Australia under the automatic acceptance provisions based on prior certification by the UK Civil Aviation Authority (CAA). The directive mandates compliance from 26 February 1998, ensuring that any conditions or restrictions imposed by the UK CAA or the German Luftfahrt-Bundesamt (LBA) are automatically applicable in Australia. This legislative approach underscores the importance of maintaining consistent safety protocols across jurisdictions to safeguard the integrity of civil aviation operations.
Scope and Application
The Civil Aviation Regulations 1998, specifically PART 39 - 105, mandates the application of the Civil Aviation Safety Authority Schedule of Airworthiness Directives concerning Gyroflug SC01 B-160 (Speed Canard) Series Aeroplanes. This directive applies to all models of the SC01 B-160 series, and it requires the retirement of the entire airframe from service in accordance with the fatigue life limitations detailed in Australian Certificate of Type Approval Data Sheet No. A104. The directive mandates that this requirement and compliance become effective from 26 February 1998. The scope of the directive is national, applying uniformly across the Commonwealth of Australia and overseen by the Civil Aviation Safety Authority. The directive is underpinned by the automatic acceptance provisions of CAR 22A, which incorporate any conditions or restrictions placed on the aeroplane by the UK Civil Aviation Authority and/or the Luftfahrt-Bundesamt (LBA). The fatigue life limitations were originally imposed by the UK CAA as a condition of type certification and remain at 3,000 hours pending the manufacturer's justification of life factors used.
Key Provisions
The Civil Aviation Regulations 1998, specifically Part 39, Section 105, mandate that all Gyroflug SC01 B-160 (Speed Canard) series aeroplanes must adhere to the Airworthiness Directive AD/GYRO/1, which concerns airworthiness limitations (section 3/98). This directive requires the retirement of the entire airframe from service in accordance with the fatigue life limitations specified in the Australian Certificate of Type Approval Data Sheet No. A104 (section 1). The requirement to comply with these limitations became effective on 26 February 1998.
The Act imposes specific obligations on the parties and entities governed by this legislation. Owners and operators of the Gyroflug SC01 B-160 must ensure that their aircraft comply with the specified fatigue life limitations and remove the aircraft from service once these limits are reached. This compliance must be strictly adhered to as per the effective date set by the regulations. Additionally, any conditions or restrictions imposed by the UK Civil Aviation Authority (CAA) or the Luftfahrt-Bundesamt (LBA) will automatically apply in Australia due to the automatic acceptance provisions under CAR 22A. These conditions stem from the initial type certification of the aeroplane in the UK, as outlined in the UK CAA Airworthiness Approval Note AAN 19687.
Failure to comply with the provisions of AD/GYRO/1 can lead to serious consequences. The Civil Aviation Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance in this instance. However, any breaches of airworthiness directives generally fall under the broader regulatory framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, which could potentially result in enforcement actions, fines, and other legal repercussions. Operators must therefore ensure stringent adherence to avoid any adverse outcomes related to non-compliance with airworthiness directives.