Overview

The Civil Aviation Regulations 1998, enacted by the Australian Parliament, encompass a wide array of rules and regulations designed to ensure the safety and efficiency of civil aviation operations within Australia. One of the specific legislative instruments under this framework is F2006B05948, which pertains to the Piper PA-38 (Tomahawk) Series Aeroplanes. This instrument was introduced to address safety concerns specifically associated with the stabiliser/elevator leading edge of the aircraft, thereby enhancing the overall safety of the aircraft's operation. The policy objective behind this directive is to ensure that all applicable Piper PA-38 models undergo necessary inspections and modifications to mitigate any risks associated with the leading edge of the stabiliser/elevator, thus maintaining the highest safety standards in civil aviation. The legislation requires that all models PA-38-112 with serial numbers ranging from 38-78A0001 to 38-78A0400 comply with the specified inspection and modification requirements within 50 hours of time in service after 20 November 1978. This compliance is to be achieved by referencing either Piper SB No. 607A, Part III, or FAA AD 78-22-01, amendment 39-3323.1/79, ensuring that the necessary safety measures are uniformly implemented across the affected fleet. By adhering to these directives, the Civil Aviation Safety Authority aims to prevent potential safety hazards and maintain the integrity of civil aviation safety protocols.

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 for Piper PA-38 (Tomahawk) series aeroplanes, with a particular focus on the Stabiliser/Elevator Leading Edge Inspection and Modification. This legislation applies to all models of the PA-38-112 series with serial numbers ranging from 38-78A0001 to 38-78A00400, mandating compliance with either Piper Service Bulletin No. 607A, Part III, or Federal Aviation Administration (FAA) AD 78-22-01, amendment 39-3323.1/79. Compliance is required unless the specified inspections and modifications have already been completed. The directive necessitates that these actions be carried out within 50 hours of time in service after 20 November 1978. This regulation extends to the Commonwealth level and applies across Australia, ensuring that all relevant operators and entities comply with these safety requirements. There are no stated exclusions or exemptions within the scope of this directive, although the specifics of application may be further defined or extended through subordinate instruments issued by CASA.

Key Provisions

The Civil Aviation Safety Authority (CASA) has issued an Airworthiness Directive (AD) for Piper PA-38 (Tomahawk) series aeroplanes, specifically targeting models PA-38-112 with serial numbers (S/Nos.) ranging from 38-78A0001 to 38-78A0400. The directive, identified as AD/PA-38/10, pertains to the stabiliser/elevator leading edge and mandates both inspection and modification (section 39-105). The directive references Piper Service Bulletin No. 607A, Part III, or FAA AD 78-22-01, amendment 39-3323.1/79, as the documents providing further details on the required actions (section 39-105). The compliance requirement is that the specified inspection and modification must be completed within 50 hours of time in service after 20 November 1978, unless these actions have already been performed (section 39-105). The AD imposes specific obligations on the operators of the affected aircraft. Operators must ensure that the inspection and modification of the stabiliser/elevator leading edge are carried out by authorised personnel and in accordance with the referenced documents. This requirement underscores the importance of maintaining the structural integrity and safety of the aeroplanes, particularly in areas critical to flight stability and control. Operators are expected to document the completion of these actions and keep records of compliance for CASA's review if necessary. Failure to comply with the AD/PA-38/10 may result in significant consequences. Under the Civil Aviation Act 1988, non-compliance could lead to enforcement actions by CASA. The maximum penalty for operating an aircraft that does not meet the required airworthiness standards includes fines and potential criminal charges. Specifically, the penalties for contraventions of airworthiness directives can be substantial, with fines that may reach up to $330,000 for corporations and $66,000 for individuals, along with potential imprisonment. These stringent measures highlight the critical importance of adhering to CASA's directives to ensure the safety of all persons involved in aviation activities.