Overview

The Civil Aviation Regulations 1998, specifically PART 39 - 107, outlines the regulations concerning Airworthiness Directives, which were enacted to ensure the safety and airworthiness of aircraft in Australia. The Regulations were established to address the need for consistent safety standards and to mitigate risks associated with aircraft operation. The problem this legislation sought to address was the identification and rectification of unsafe conditions that could potentially lead to accidents, as evidenced by the fatal accident investigated in the UK which highlighted the deterioration of harness restraint cables in Sutton shoulder harnesses. The Civil Aviation Safety Authority (CASA) is the enacting body, and the policy objective is to ensure that aircraft and aeronautical products meet the necessary safety standards to prevent accidents and enhance overall aviation safety. The Airworthiness Directive (AD) issued under the authority of the Civil Aviation Regulations 1998 requires specific actions to be taken regarding Sutton shoulder harnesses installed in various De Havilland aircraft series. This directive mandates the inspection and, if necessary, replacement of certain harness components to prevent failure during impact, following a thorough investigation that revealed significant deterioration of harness strength without visible signs. The directive sets specific timelines for compliance, ensuring that the necessary actions are undertaken within defined periods to maintain safety standards. This legislative instrument aims to safeguard the aviation industry by providing clear and actionable safety measures, thereby contributing to the broader objective of enhancing aviation safety in Australia.

Scope and Application

The Civil Aviation Regulations 1998, specifically Part 39 - 107, encompasses the Airworthiness Directives issued by the Civil Aviation Safety Authority (CASA), a Commonwealth body. This particular Airworthiness Directive (AD/RES/31) pertains to the inspection and potential replacement of Sutton shoulder harnesses installed in various De Havilland series aircraft, such as the DH60, DH82, DH83, and DH94. The directive applies to all Sutton shoulder harnesses regardless of the aircraft type they are installed in. The AD mandates specific actions to address the identified unsafe conditions, including the inspection of the harnesses and, in certain cases, their replacement, as detailed in the requirement section. The directive sets compliance timelines, requiring inspections and replacements within specific intervals and dates. The AD's jurisdiction extends across the Commonwealth of Australia, enforced by CASA as the regulatory authority. Any exclusions or exemptions from this directive are not explicitly stated within the text provided, and any further details or extensions of application would be delineated in subordinate instruments or additional regulatory notices.

Key Provisions

The Civil Aviation Regulations 1998 (CAR 1998) under Part 39, specifically Section 107, introduces an Airworthiness Directive (AD) issued by a delegate of the Civil Aviation Safety Authority (CASA) (subregulation 39.1 (1)). This directive, known as AD/RES/31, pertains to the inspection and replacement of Sutton shoulder harnesses installed in certain aircraft (Section 107). The directive mandates that the specified action be taken in relation to the aircraft or aeronautical product mentioned, under the circumstances and in accordance with the instructions set out in the requirement section, within the time frame mentioned in the compliance section. The AD applies to all Sutton shoulder harnesses installed in various De Havilland aircraft series, specifically DH60, DH82, DH83, and DH94. The directive requires two key actions: first, an inspection of the integrity of the front and rear cockpit safety harness installations as per Paragraph 2A of British Aerospace Mandatory TNS CT(Moth) No. 33 Issue 1 dated 1 March 1999. Second, for specific harness part numbers (H34804A, H33257A, 51764A, H20746, or H37544), replacement is necessary according to Paragraph 2D of the same document. Compliance with these requirements must occur within specific timeframes: within 10 flying hours or before 21 June 2002 for inspections, and within 9 years of the initial installation date or, if unknown, within 150 flying hours or before 17 June 2002 for replacements. Failure to comply with the requirements of this Airworthiness Directive can result in significant legal and safety consequences. Although the specific penalties for non-compliance are not detailed within the text, breaches of the CAR 1998 can generally lead to enforcement actions by CASA, which may include fines, suspension of certificates, or other regulatory sanctions. In severe cases, non-compliance can also result in criminal charges, with potential penalties including imprisonment, depending on the severity of the breach and its impact on aviation safety.