COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Piper PA-38 (Tomahawk) Series Aeroplanes
AD/PA-38/2 Aft Fuselage/Tailcone Area - Modification 8/78
Applicability: All models PA-38-112 with S/Nos. as referenced in SB No. 600A. Document: Piper SB No. 600A.
Compliance: Before certification.
Overview
The Civil Aviation Regulations 1998, enacted by the Australian Parliament, serve as the primary legislative instrument governing civil aviation safety within Australia. This legislation, overseen by the Civil Aviation Safety Authority (CASA), was introduced to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation activities. A specific aim of these regulations is to address safety concerns and operational standards through the issuance of airworthiness directives and safety bulletins. One such directive, AD/PA-38/2, pertains to the Piper PA-38 (Tomahawk) series aeroplanes, specifically requiring modifications to the aft fuselage and tailcone area. This directive is applicable to all models PA-38-112 with serial numbers referenced in Service Bulletin No. 600A, and compliance is mandatory prior to aircraft certification. The overarching policy objective of these regulations is to maintain the highest standards of safety in the civil aviation sector, thereby protecting passengers, crew, and the public.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 105, applies to the Piper PA-38 (Tomahawk) Series Aeroplanes, focusing on models PA-38-112 with specific serial numbers as referenced in Service Bulletin No. 600A. This regulation is enforced by the Civil Aviation Safety Authority and pertains to modifications in the aft fuselage/tailcone area. The applicability of this legislation extends to all relevant aircraft models within the specified serial number range, ensuring that these aeroplanes meet certain safety standards before certification. The geographic scope of this regulation is national, affecting all operators within Australia. No exclusions, exemptions, or thresholds are stated within the provided text, implying that all applicable aircraft must comply with the directives. The application of this regulation may be further detailed or extended through subordinate instruments issued by the Civil Aviation Safety Authority.
Key Provisions
The Civil Aviation Regulations 1998, specifically in Part 39, contain provisions regarding the airworthiness of aircraft, including directives for particular models. In this context, AD/PA-38/2 (paragraph 39-105) pertains to Piper PA-38 (Tomahawk) series aeroplanes. This airworthiness directive mandates modifications to the aft fuselage and tailcone area of the specified models (section 39-105). The directive applies to all models of the PA-38-112 series with specific serial numbers as referenced in Service Bulletin No. 600A (section 39-105.1). Compliance with this directive must be achieved prior to certification of the aircraft (section 39-105.2).
The obligations imposed by this directive are clear: all affected aircraft owners and operators must ensure that the specified modifications are made to the aft fuselage and tailcone area in accordance with the instructions provided in Piper Service Bulletin No. 600A. This involves a detailed inspection and, if necessary, repair or replacement of parts to meet the airworthiness standards set by the Civil Aviation Safety Authority (CASA). Operators must also maintain records of compliance and any actions taken to ensure that the aircraft meets the requirements of the directive (section 39-105.3).
Failure to comply with the provisions of AD/PA-38/2 can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives is considered an offence. This can lead to civil penalties, including fines up to the maximum prescribed by law for each offence (section 166). In more severe cases, CASA may take action to prevent the operation of the aircraft until the required modifications are completed, potentially grounding the aircraft and disrupting operations (section 168). Additionally, the owner or operator of the aircraft could face criminal charges, with penalties that could include imprisonment, reflecting the serious implications of failing to ensure the airworthiness of an aircraft (section 169).