Overview

The Civil Aviation Regulations 1998, specifically Part 39 - 105, addresses the critical issue of aircraft safety through the incorporation of Airworthiness Directives (AD). Enacted by the Australian Government, these regulations are aimed at ensuring that all aircraft operating within Australian airspace meet specific safety standards. The ADs, such as AD/PA-42/9 for Piper PA-42 (Cheyenne III) series aeroplanes, mandate actions to rectify identified safety concerns, such as the failure of landing gear upper bearing retaining pins, which could lead to severe mechanical failures. This legislative measure, overseen by the Civil Aviation Safety Authority (CASA), seeks to mitigate risks by enforcing timely compliance with safety directives, thereby safeguarding both the aircraft and its occupants. Enacted by the Australian Parliament, the Civil Aviation Regulations 1998 form a critical component of the regulatory framework designed to maintain and enhance aviation safety. The policy objective is to ensure that all civil aircraft are maintained in a safe and airworthy condition, thereby protecting public safety and the integrity of the aviation industry. The specific ADs, such as the one concerning Piper PA-42 aeroplanes, are implemented to address known safety issues promptly and effectively. The directive mandates actions to replace retaining pins and inspect and replace upper bearings within a specified timeframe, demonstrating the regulatory commitment to proactive safety management.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 105 concerning Airworthiness Directives, applies to all Piper PA-42 Cheyenne III series aeroplanes with serial numbers ranging from 42-7800001 to 42-8001106. This regulation mandates compliance with Piper Service Bulletin No 779A, which addresses issues related to the landing gear upper bearing retaining pins and strut assemblies, as referenced in FAA AD85-08-05. The requirement is for these components to be inspected and replaced within 100 hours of time in service after 31 October 1985 to prevent potential failures that could result in unrestricted extension of the piston tube and wheel assemblies. This directive is applicable across the Commonwealth of Australia, overseen by the Civil Aviation Safety Authority, and ensures that the specified aircraft maintain their airworthiness and safety standards as per the regulations.

Key Provisions

The Civil Aviation Regulations 1998, particularly in Part 39 - 105, mandate specific airworthiness directives for certain types of aircraft, such as the Piper PA-42 (Cheyenne III) series aeroplanes. One such directive, AD/PA-42/9, focuses on the landing gear upper bearing retaining pins and strut assemblies (section 39-105). This directive applies to all model PA-42 aeroplanes with serial numbers ranging from 42-7800001 to 42-8001106 (section 39-105). The directive references Piper Service Bulletin No 779A, which outlines the necessary actions and procedures for compliance (section 39-105). Under this directive, the primary requirement is for the replacement of the landing gear upper bearing retaining pins. Additionally, it necessitates an inspection and replacement of the upper bearing if required. These actions must be carried out in accordance with the procedures specified in Piper Service Bulletin No 779A (section 39-105). The directive mandates compliance within 100 hours of time in service after 31 October 1985 (section 39-105). This timeline ensures that the specified modifications are performed promptly to address potential safety issues. The Civil Aviation Regulations 1998 impose several obligations and requirements on the parties governed by AD/PA-42/9. Operators and owners of the affected Piper PA-42 aeroplanes must ensure that the landing gear upper bearing retaining pins and strut assemblies are inspected and modified as per the directive. They must adhere to the procedures outlined in Piper Service Bulletin No 779A, including the replacement of retaining pins and the inspection and potential replacement of the upper bearing (section 39-105). The directive also requires operators to maintain records of compliance, documenting the actions taken and the dates they were completed. Failure to comply with AD/PA-42/9 can result in significant legal and safety consequences. Under the Civil Aviation Regulations 1998, non-compliance with airworthiness directives is considered an offence. Operators who fail to adhere to the directive may face penalties, including fines and potential grounding of the aircraft. The severity of the penalties can vary depending on the circumstances of the breach, but the regulations provide for maximum penalties to ensure compliance is taken seriously (section 39-105). Additionally, non-compliance with airworthiness directives can lead to civil and criminal liabilities, as well as increased risk of accidents and compromised safety.