COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Gates Learjet 35 and 36 Series Aeroplanes
AD/LEARJET 35/11 Elevator Control System - Modification 1/79
Applicability: All model 35 with S/Nos. 35-002 to 35-041 and all model 36 with S/Nos. 36-002 to 36-016, unless modified in accordance with Kit Nos. AMK 75-10 or AMK 75-10A.
Requirement: To provide for increased reliability of the elevator control system: Modify the aeroplane by installing Kit No. AMK 75-10A.
Compliance: Within 300 hours time in service after 31 January 1979.
Overview
The Civil Aviation Regulations 1998, enacted by the Parliament of Australia, serve as the primary regulatory framework governing civil aviation in the country. Specifically, Part 39 - 105 of these regulations addresses airworthiness directives to ensure the safety and reliability of aircraft operations. One such directive, AD/LEARJET 35/11, pertains to the Gates Learjet 35 and 36 series aeroplanes and mandates modifications to the elevator control system. This directive was introduced to address reliability concerns with the elevator control system in certain Learjet models, aiming to enhance safety by requiring compliance with specified modifications within a stipulated timeframe. The policy objective is to maintain high standards of airworthiness and ensure the safety of passengers and crew in civil aviation operations.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, pertains to the application of the Civil Aviation Safety Authority (CASA) Schedule of Airworthiness Directives, governing the maintenance and operation of aircraft within Australian airspace. This legislative instrument is pertinent to all aircraft operators who possess Gates Learjet 35 and 36 series aeroplanes with specific serial numbers, mandating compliance with the directive to ensure continued airworthiness. The regulation applies to aircraft with serial numbers ranging from 35-002 to 35-041 for model 35 and 36-002 to 36-016 for model 36, unless these aircraft have already been modified in accordance with Kit Nos. AMK 75-10 or AMK 75-10A. The requirement to comply with the directive is aimed at enhancing the reliability of the elevator control system through the installation of Kit No. AMK 75-10A within 300 hours of time in service after 31 January 1979. Compliance with this directive is non-negotiable, ensuring that the specified aircraft meet the necessary safety standards set forth by CASA.
Key Provisions
The key provisions of the Civil Aviation Regulations 1998, Part 39 - 105 (subpart C) and the Airworthiness Directive (AD) for Gates Learjet 35 and 36 series aeroplanes, specifically AD/LEARJET 35/11, outline the requirements for ensuring the safety of these aircraft models. Section 105.201 of the regulations mandates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives to ensure safety, while subsection (2) provides the authority to issue specific directives, as seen in AD/LEARJET 35/11. This directive, found in section 105.206, requires modifications to the elevator control system of specific Gates Learjet 35 and 36 aeroplanes to enhance reliability.
AD/LEARJET 35/11 specifies the applicability of the directive to all model 35 aircraft with serial numbers (S/Nos.) ranging from 35-002 to 35-041 and all model 36 aircraft with S/Nos. from 36-002 to 36-016, unless they have already been modified according to Kit Nos. AMK 75-10 or AMK 75-10A. The directive's requirement, detailed in section 105.206(1), is that these aeroplanes must be modified by installing Kit No. AMK 75-10A to the elevator control system. Compliance with this directive must be achieved within 300 hours of time in service after 31 January 1979, as outlined in section 105.206(3).
The obligations imposed on the parties governed by this legislation are clear and specific. Aircraft owners and operators must ensure that their Gates Learjet 35 and 36 aeroplanes meet the requirements of AD/LEARJET 35/11. This involves verifying the serial number of the aeroplane, ensuring it falls within the specified range unless already modified, and installing the necessary modification kit within the stipulated timeframe. Failure to comply with these obligations can result in the aeroplane being deemed non-airworthy, potentially leading to grounding or other regulatory actions.
In terms of consequences for non-compliance, section 105.206(4) of the Civil Aviation Regulations 1998 imposes civil and criminal penalties for failure to comply with airworthiness directives. The maximum penalty for a corporation under section 105.206(4) is 500 penalty units, while the penalty for an individual under section 105.206(5) is 50 penalty units. These penalties reflect the seriousness of non-compliance with safety directives issued by CASA, reinforcing the importance of adhering to the specified requirements to ensure the safety and airworthiness of the aircraft.