COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Piper PA-18 and 19 (Super Cub) Series Aeroplanes
AD/PA-18/7 Front Seat Restraint Installations - Modification 10/71
Applicability: All models.
Requirement: Modify each front seat restraint installation by fitting a safety harness in accordance with scheme approved by the Secretary.
Compliance: Before 1 September 1972.
Overview
The Civil Aviation Regulations 1998, amended by the Civil Aviation (Airworthiness) Amendment (Piper PA-18 and 19 Series Aeroplanes) Instrument 2006, addresses the safety concerns related to the front seat restraint installations in Piper PA-18 and PA-19 (Super Cub) series aeroplanes. This legislative instrument was enacted to ensure the continued safety of these aircraft by mandating specific modifications to the front seat restraints. The requirement is to fit a safety harness approved by the Secretary, with compliance expected before 1 September 1972. The Civil Aviation Safety Authority, as the enforcing body, aims to ensure that these modifications are carried out to maintain the airworthiness of the aircraft, thereby enhancing the safety of pilots and passengers. The enacting body was the Australian Parliament, reflecting the policy objective of ensuring high safety standards in civil aviation.
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 govern the operational standards and safety requirements for aircraft in Australia. One such directive, AD/PA-18/7, applies to all models of Piper PA-18 and 19 (Super Cub) series aeroplanes, mandating that each front seat restraint installation be modified to include a safety harness. This modification must comply with a scheme approved by the Secretary and must be completed before 1 September 1972. This directive is applicable across the Commonwealth, ensuring uniform safety standards are met throughout Australia. The regulation does not specify exclusions or exemptions, implying that all relevant aircraft must comply with the directive unless otherwise noted by CASA. The application of these regulations may be further detailed or clarified by subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Regulations 1998, specifically under Part 39, Section 105, includes an Airworthiness Directive (AD) for Piper PA-18 and 19 (Super Cub) series aeroplanes. This AD, known as AD/PA-18/7, mandates modifications to front seat restraint installations (1). This directive applies to all models within the specified series (2). The key requirement is that each front seat restraint installation must be modified by fitting a safety harness in accordance with a scheme approved by the Secretary (3). This modification must be completed before 1 September 1972 (4).
The Act imposes specific obligations on the parties governed by these regulations. Operators of Piper PA-18 and 19 (Super Cub) series aeroplanes must ensure that the modifications to the front seat restraints are performed according to the approved scheme. This includes the installation of safety harnesses that meet the regulatory standards set by the Secretary (5). The onus is on the operator to comply with these directives to maintain the airworthiness of the aircraft (6).
Breaches of the requirements set forth in the AD/PA-18/7 may lead to various consequences. The Act does not explicitly state the penalties for non-compliance, but the broader Civil Aviation Act 1988 includes provisions for offences and penalties. In general, non-compliance with airworthiness directives can result in significant civil or criminal penalties. Civil penalties may include fines, while criminal penalties may include imprisonment, depending on the severity of the breach and the discretion of the court (7). The exact penalties would be determined based on the specific circumstances of each case and in accordance with relevant laws.