COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
British Aerospace BAe 125 Series Aeroplanes
AD/HS 125/48 Radome Lightning Protection - Modification 12/77
Applicability: As detailed in the requirement document. Document: Hawker Siddeley SB No. 53-50.
Compliance: Before 1 March 1978.
Overview
The Civil Aviation Regulations 1998, enacted by the Parliament of Australia, address the need for stringent safety standards and procedures in the operation and maintenance of aircraft within Australian airspace. This legislation is instrumental in ensuring that all civil aviation activities comply with internationally recognised safety standards, thus protecting the lives of passengers, crew, and the general public. The Regulations provide a comprehensive framework for the Civil Aviation Safety Authority (CASA) to issue and enforce airworthiness directives, such as the directive concerning the radomes of British Aerospace BAe 125 Series Aeroplanes, which was introduced to mitigate the risk of lightning strikes by mandating specific modifications. This legislative instrument aims to maintain the highest possible safety standards in civil aviation operations, aligning with international safety protocols and reinforcing Australia’s commitment to safe and reliable air travel.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, pertains to the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives and mandates that all owners and operators of British Aerospace BAe 125 Series aeroplanes must adhere to the requirements outlined in AD/HS 125/48. This directive mandates modifications to the radome lightning protection system. The regulations apply to all BAe 125 Series aeroplanes within the Commonwealth of Australia, ensuring that the specified modifications are implemented to maintain the airworthiness of these aircraft. The requirement document and Hawker Siddeley SB No. 53-50 provide detailed instructions on the modifications to be undertaken, and compliance is mandatory for aircraft manufactured before 1 March 1978. This legislation extends its reach to all relevant entities operating within the national jurisdiction, and no exclusions or exemptions are explicitly stated within the text provided. Subordinate instruments may further define specific compliance procedures and enforcement mechanisms.
Key Provisions
The Civil Aviation Regulations 1998 (Part 39 - 105) detail specific directives for maintaining the airworthiness of British Aerospace BAe 125 Series Aeroplanes. Section (12/77) of the Civil Aviation Safety Authority (CASA) schedule mandates modifications to the radomes to enhance lightning protection. This directive, AD/HS 125/48, applies to the aircraft as specified in the Hawker Siddeley SB No. 53-50 document and requires compliance before 1 March 1978. This directive is pivotal for ensuring that the aircraft can withstand potential lightning strikes, thereby enhancing safety.
The obligations imposed by this legislation are clear and direct. Operators and owners of British Aerospace BAe 125 Series Aeroplanes must ensure that the modifications outlined in the directive are completed before the specified compliance date. This includes thorough inspection, repair, or replacement of the radome as required to meet the safety standards set by CASA. The directive mandates that these changes are documented and certified by a CASA-approved maintenance organisation, ensuring that the aircraft remains airworthy and compliant with safety regulations.
Failure to comply with the provisions of this directive can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance is considered an offence. Those found in breach may face substantial penalties, including fines and potential imprisonment. The exact penalties are determined by the severity of the breach, but they can include significant financial penalties and restrictions on the operation of the affected aircraft. In severe cases, the aircraft may be grounded until the required modifications are completed, impacting the operator's ability to fly the aircraft commercially.
Additionally, civil and criminal liabilities may apply to those responsible for non-compliance. Civil penalties can include compensation for any damage or harm caused by the breach, while criminal penalties can involve fines up to a maximum of $210,000 for corporations and $42,000 for individuals, as well as imprisonment terms. These stringent measures underscore the importance of adhering to the airworthiness directives issued by CASA to maintain the highest safety standards in civil aviation.