COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 107 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
Restraint Equipment
AD/RES/30 Aeronautique Equipment Seat Belts, Harnesses
and Cargo Restraint Equipment
7/95
Applicability: All seat belts, harnesses of any description, and cargo restraint equipment processed in any manner by Aeronautique Equipment of Toowoomba Queensland, and certain Pacific Scientific seat belt assemblies.
Requirement: Remove from service:
- any equipment of the type listed in the Applicability with an Aeronautique Equipment label:
(i) bearing a date later than 3 February 1994, or
(ii) for which an engineering order approved and issued pursuant to CAR 22 or CAR 35 cannot be substantiated; and
b. any seat belt labelled with a Pacific Scientific label where it is known that the belt assembly was at some time processed in some manner by Aeronautique Equipment.
Compliance: 1. For harnesses of any description, and cargo restraint equipment: Prior to further flight after 22 June 1995.
2. For seat belts: at the next inspection for Maintenance Release issue, or prior to 30 July 1995, whichever occurs first.
Background: It has been found that Aeronautique Equipment has manufactured and repaired equipment without the necessary approvals of the process, or of the materials used. Repairs have not been identified, and in some cases the original equipment manufacturer's label has been replaced without change on the repaired item. Some testing has demonstrated failure before specified load.
Overview
The Civil Aviation Regulations 1998, as amended, include provisions within Part 39 – 107, specifically concerning the Airworthiness Directives regarding restraint equipment manufactured or processed by Aeronautique Equipment of Toowoomba, Queensland. The legislation, enacted by the Australian Government, targets the identified problem of Aeronautique Equipment manufacturing and repairing seat belts, harnesses, and cargo restraint equipment without appropriate approvals, thereby compromising safety. The directive aims to remove from service any equipment bearing an Aeronautique Equipment label dated after 3 February 1994 or for which approved engineering orders cannot be substantiated. The policy objective is to ensure that only equipment meeting the necessary safety standards is used in civil aviation, thus protecting passengers and crew from potential harm. Compliance with these directives is mandatory, with specific timelines set for different types of restraint equipment to ensure timely and effective implementation.
Scope and Application
The Civil Aviation Regulations 1998, specifically Part 39 - 107, applies to all seat belts, harnesses, and cargo restraint equipment processed by Aeronautique Equipment in Toowoomba, Queensland, as well as certain Pacific Scientific seat belt assemblies. This legislation mandates the removal from service of any equipment bearing an Aeronautique Equipment label dated later than 3 February 1994 or for which an approved engineering order under CAR 22 or CAR 35 cannot be substantiated. Additionally, it covers any seat belt labelled with a Pacific Scientific label where the belt assembly was processed by Aeronautique Equipment. Compliance with this regulation requires that for harnesses and cargo restraint equipment, removal from service must occur before further flight after 22 June 1995, while for seat belts, the removal must happen at the next inspection for Maintenance Release issue or prior to 30 July 1995, whichever is earlier. The geographic reach of this legislation is national, as it is a Commonwealth regulation, and it does not specify any exclusions or exemptions beyond the defined scope.
Key Provisions
The Civil Aviation Regulations 1998, under PART 39 - 107, address the safety of restraint equipment in aircraft through specific Airworthiness Directives (AD). One such directive is AD/RES/30, which pertains to Aeronautique Equipment seat belts, harnesses, and cargo restraint equipment. This directive is applicable to all seat belts, harnesses, and cargo restraint equipment processed by Aeronautique Equipment of Toowoomba, Queensland, as well as specific Pacific Scientific seat belt assemblies (section 7/95). The key requirement of this directive is to remove certain equipment from service. Specifically, it mandates the removal of any Aeronautique Equipment-labelled equipment that bears a date later than 3 February 1994 or for which an approved engineering order under CAR 22 or CAR 35 cannot be substantiated. Additionally, any seat belt labelled with a Pacific Scientific label that was processed by Aeronautique Equipment must also be removed from service.
Compliance with AD/RES/30 involves strict timelines and conditions. For harnesses and cargo restraint equipment, compliance must be achieved before further flight after 22 June 1995. For seat belts, compliance is required at the next inspection for maintenance release issue or before 30 July 1995, whichever comes first. This ensures that any potentially unsafe equipment is identified and removed in a timely manner.
The obligations under this directive fall heavily on aircraft operators and maintenance personnel. They must ensure that the specified equipment is either removed from service or that the required approvals and records are in order. Failure to comply with these directives could result in significant safety risks, potentially leading to equipment failure during flight, which could endanger passengers and crew. Moreover, operators must maintain records and documentation to demonstrate compliance and the removal or retention of the specified equipment.
Breach of the Civil Aviation Regulations 1998, specifically AD/RES/30, can result in severe consequences. While the regulations do not explicitly detail penalties, violations of civil aviation safety directives can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). These actions can include fines, suspension or revocation of aircraft operating certificates, and other administrative penalties. Additionally, failure to comply with these directives can lead to criminal charges if the breach results in an aviation accident or incident, with potential penalties including imprisonment and substantial fines. The precise consequences depend on the severity of the breach and its impact on aviation safety.