Airworthiness Directives 2004 - Revocation and Remaking - De Havilland DH 83 (Fox Moth) Series Aeroplanes

Overview

The Airworthiness Directives 2004, enacted on 20 December 2004, were introduced to update and reissue certain airworthiness directives that had previously been in effect. This legislative instrument was issued by David Villiers, the delegate of the Civil Aviation Safety Authority, acting under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998. The primary objective was to revoke the existing directives listed in Schedule 1 and simultaneously re-make them as separate instruments, ensuring that they reflect the latest published editions. This process aimed to maintain the safety and airworthiness standards for the specified aircraft models by providing the most current regulatory guidance. The Civil Aviation Safety Authority, through this legislative instrument, sought to address any discrepancies or updates necessary for the airworthiness directives concerning de Havilland DH 83 (Fox Moth) series aeroplanes, including directives related to flight limitations, structural inspections, and specific components such as cockpit safety harnesses and lateral tie rods. By reissuing these directives, the Authority aimed to ensure that all stakeholders are operating under the most accurate and relevant safety regulations.

Scope and Application

The Airworthiness Directives 2004, issued under the authority of David Alan Villiers, delegate of the Civil Aviation Safety Authority, pertain to the revocation and remaking of specific airworthiness directives related to aircraft safety. These directives apply to certain types of aircraft, specifically the De Havilland DH 83 (Fox Moth) Series Aeroplanes, and encompass flight limitations, structural inspection requirements, and particular safety measures such as cockpit safety harness installation and structural integrity of cockpit lateral tie rods. This legislation is enacted under the Civil Aviation Safety Regulations 1998, and its jurisdictional reach is national, as it pertains to civil aviation activities across Australia. Each airworthiness directive has been re-made to mirror the latest published editions, ensuring compliance with current safety standards and regulatory requirements. The scope of these directives is limited to the specific aircraft models mentioned and their associated safety protocols, with no broader application to other aircraft types or industries. There are no stated exclusions or exemptions within the text, and the application of these directives extends solely to the aviation sector, ensuring the safety and airworthiness of the specified aircraft within the Australian airspace.

Key Provisions

The legislative instrument, F2006B07824, pertains to the revocation and remaking of Airworthiness Directives (ADs) for specific aircraft types, in this case, the de Havilland DH 83 (Fox Moth) series aeroplanes. This instrument operates under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998, where David Alan Villiers, as the delegate of the Civil Aviation Safety Authority, revokes and re-issues certain ADs. The revocation and remaking of these directives are detailed in Schedule 1 of the instrument, which lists the specific ADs being revoked and re-made. Each re-made directive is presented in the same form as it appears in the latest published edition. The main provisions of this legislative instrument include the revocation of existing ADs for the de Havilland DH 83 series aeroplanes, namely AD/DH 83/1, AD/DH 83/2, and AD/DH 83/3, and their subsequent re-making as separate instruments. The revocations are effective immediately, and the re-made directives come into force as separate instruments, ensuring that the updated safety and operational standards are clearly defined and legally binding. The obligations imposed by this instrument are primarily on the operators and owners of de Havilland DH 83 series aeroplanes. They must comply with the re-made ADs, which include specific requirements for flight limitations, structural inspections, cockpit safety harness integrity and life, and the condition of cockpit lateral tie rods and aircraft structure. Compliance with these ADs is mandatory to ensure the continued airworthiness and safety of these aircraft. Failure to comply with the re-made ADs can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance may lead to enforcement actions by the Civil Aviation Safety Authority, which can include fines, suspension, or revocation of air operator certificates. The maximum penalties for offences under the Civil Aviation Act 1988 can be substantial, with fines up to $210,000 for corporations and $42,000 for individuals, depending on the severity of the breach. In addition to financial penalties, operators and owners may face criminal charges, which can result in imprisonment if found guilty by a court of law.