AD/HS 125/22 - Windscreen De-Icing Hand Pump - Modification

Overview

The Civil Aviation Regulations 1998, enacted by the Commonwealth of Australia, establish a comprehensive regulatory framework for ensuring the safety and efficiency of civil aviation within the country. Among these regulations, Part 39 specifically addresses Airworthiness Directives (ADs), which are legally enforceable instructions issued by the Civil Aviation Safety Authority (CASA) to ensure that aircraft remain airworthy. AD/HS 125/22, which concerns the modification of the windscreen de-icing hand pump for British Aerospace BAe 125 Series Aeroplanes, was introduced to address the safety issues associated with windscreen de-icing equipment, ensuring that such equipment operates effectively in adverse weather conditions. Although this specific AD has been removed from the listing as the aircraft model is not currently on the register, it illustrates the ongoing commitment of the regulatory framework to maintain high safety standards within the aviation industry. The policy objective behind these regulations is to enhance the overall safety and reliability of civil aviation operations by mandating compliance with safety directives.

Scope and Application

The Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1998 applies to a wide range of entities and individuals involved in civil aviation activities within Australia. Specifically, PART 39 - 105 of these regulations pertains to the maintenance and operation of aircraft, including the issuing of Airworthiness Directives (ADs) to ensure the safety and airworthiness of aeroplanes. The ADs are mandatory and apply to any person who holds an Australian aircraft operator certificate, including individuals and companies engaged in commercial, private, or charter flight operations. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, irrespective of where they are operated within the country’s airspace. The specific Airworthiness Directive AD/HS 125/22 related to British Aerospace BAe 125 Series Aeroplanes and the modification of the windscreen de-icing hand pump was intended to address safety concerns by mandating certain modifications. However, as stated, this directive has been removed from the listing because the specified aircraft model is not currently on the register, indicating it no longer applies to any operational aircraft within the jurisdiction. The regulations are implemented and enforced through subordinate instruments which may include further clarifications, amendments, or additional directives to ensure ongoing safety standards are met.

Key Provisions

The Civil Aviation Regulations 1998 (Cth), specifically Part 39, Section 105, addresses the scheduling of airworthiness directives, which are mandatory instructions issued by the Civil Aviation Safety Authority (CASA) to ensure the continued airworthiness of aircraft. Section 105(1) requires the publication of such directives to ensure compliance with safety standards. However, the specific Airworthiness Directive AD/HS 125/22 for British Aerospace BAe 125 Series Aeroplanes regarding the windscreen de-icing hand pump modification has been removed from the listing, as indicated in Section 105(2), because the aircraft model is not currently on the register. Entities and parties governed by these regulations, including aircraft operators, must adhere to the airworthiness directives applicable to their aircraft. This means ensuring that any modifications or repairs specified in active directives are completed in accordance with CASA’s requirements. Operators must maintain records of compliance and ensure that all personnel involved in maintenance activities are aware of and follow the directives. Additionally, they must ensure that any modifications are performed by authorised personnel and that the aircraft is re-inspected post-modification to verify compliance with the directive. Failure to comply with the airworthiness directives can result in significant legal and financial consequences. Under Section 97 of the Civil Aviation Act 1988 (Cth), non-compliance can be considered an offence. The penalties for such offences can include fines and imprisonment. The maximum penalty for an individual is typically a fine of up to $21,000 or imprisonment for up to two years, or both, as outlined in Section 97(1). For corporations, the penalties can be substantially higher, with fines potentially reaching up to $1,050,000 as per Section 97(2). In addition to criminal penalties, CASA may also impose administrative penalties, suspend or revoke airworthiness certificates, and take other enforcement actions against non-compliant entities.