Overview

The Civil Aviation Regulations 1998 (CAR 1998) are a comprehensive set of rules enacted by the Commonwealth of Australia to ensure the safety and regulation of civil aviation within its jurisdiction. Specifically, Part 39 - 105 of these regulations, known as the Civil Aviation Safety Authority Schedule of Airworthiness Directives, was introduced to address the need for specific directives aimed at correcting unsafe conditions in aircraft and aeronautical products. This part of the regulations allows the Civil Aviation Safety Authority (CASA) to issue Airworthiness Directives (ADs) to ensure the airworthiness of aircraft. The AD/ROBIN/34, issued under subregulation 39.1 (1) of CAR 1998, is an example of such a directive aimed at addressing an identified unsafe condition concerning the brake fluid reservoir cap in certain Robin Aviation series aeroplanes. This AD mandates specific inspections and necessary reworks to ensure compliance with safety standards, reflecting the policy objective of maintaining and enhancing aviation safety through proactive regulatory measures.

Scope and Application

The Airworthiness Directive (AD) issued under Part 39 - 105 of the Civil Aviation Regulations 1998, specifically in the Schedule of Airworthiness Directives, applies to all DR, HR200 and R2000 series aircraft manufactured by Robin Aviation. This legislation mandates that inspections and necessary reworks of the brake fluid reservoir cap be conducted in accordance with Robin Aviation Service Bulletin No. 169, dated 3 July 2000. The AD applies to all relevant aircraft unless the specified actions have already been completed, and requires compliance within 10 flight hours from the effective date of the directive, which is 9 August 2001. This legislation is enforced by the Civil Aviation Safety Authority (CASA) and is applicable nationally across Australia, with its requirements communicated through the Commonwealth of Australia Gazette. The AD references DGAC AD 2001-035(A) and Robin Aviation SB No. 169, indicating a coordinated approach to addressing the identified safety issue.

Key Provisions

This Airworthiness Directive (AD) issued by the Civil Aviation Safety Authority (CASA) under section 39.1(1) of the Civil Aviation Regulations 1998 (CAR 1998) pertains to the Robin Aviation Series Aeroplanes, specifically the DR, HR200 and R2000 series aircraft (AD/ROBIN/34). The directive mandates an inspection and potential rework of the brake fluid reservoir cap for these aircraft. This requirement stems from a non-conforming cap identified during a servicing inspection, as detailed in Robin Aviation Service Bulletin (SB) No. 169 dated 3 July 2000. The directive stipulates that the action must be completed within 10 flight hours from the effective date of the directive, which is 9 August 2001. The AD imposes several obligations on the parties it governs. Firstly, aircraft owners and operators must ensure that the inspection and any necessary rework of the brake fluid reservoir cap is carried out in accordance with the instructions provided in Robin Aviation Service Bulletin No. 169. This includes ensuring that all personnel involved in the inspection and rework process are adequately trained and that the correct procedures are followed to rectify any issues with the cap. Secondly, operators must keep detailed records of all actions taken in compliance with this directive, including the date of inspection and any rework performed. These records must be maintained in accordance with relevant CASA requirements and should be readily available for inspection by CASA inspectors. Failure to comply with the requirements set out in this AD may result in civil or criminal consequences. Under section 39.1 of CAR 1998, non-compliance with an AD can be considered an offence, potentially leading to penalties. Specifically, for an individual, the maximum penalty can include a fine of up to 120 penalty units, which equates to approximately $23,460 as of 2023, or imprisonment for up to 12 months, or both. For a corporation, the maximum penalty can be much higher, reaching up to 600 penalty units, or approximately $117,300 as of 2023. In addition to these penalties, non-compliance can result in the aircraft being deemed unairworthy, leading to grounding and potential suspension of the aircraft's certificate of airworthiness until the required actions are completed. This can have significant operational and financial implications for the aircraft owner or operator.