Airworthiness Directives 2004 - Revocation and Remaking - DH 90 (Dragonfly) Series Aeroplanes

Overview

The Airworthiness Directives 2004, enacted by David Alan Villiers as a delegate of the Civil Aviation Safety Authority, addresses the need to revise and re-issue existing Airworthiness Directives to ensure compliance with the latest safety standards and regulatory requirements. This legislative instrument revokes specific Airworthiness Directives and re-makes them, ensuring that the directives align with the most recent published editions. The Civil Aviation Safety Authority, acting under the authority granted by subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998, aims to maintain the highest safety standards in civil aviation through this revision process. The policy objective is to ensure that all airworthiness directives remain current and effective, thereby enhancing aviation safety across Australia.

Scope and Application

The Airworthiness Directives 2004, as enacted by David Alan Villiers, a delegate of the Civil Aviation Safety Authority, applies to all entities and individuals involved in the operation of DH 90 (Dragonfly) series aeroplanes. The legislation specifically addresses fire precaution measures during refuelling, which is a critical aspect of airworthiness and safety in the aviation industry. The scope of the Act is narrowly focused on the specified series of aeroplanes, and it is designed to ensure compliance with stringent safety standards. Geographically, the application of these directives extends across the Commonwealth of Australia, ensuring uniform safety standards are maintained nationally. The Act revokes existing directives and remakes them in their latest form, thereby ensuring that all stakeholders are operating under the most current and effective safety regulations. The Act does not provide for any exclusions or exemptions, thereby mandating strict adherence to the specified safety measures. The application of the directives can be extended or restricted through subordinate instruments, which allows for further detailed regulations and clarifications as needed.

Key Provisions

The main operative sections of this legislative instrument, F2006B07833, involve the revocation of existing Airworthiness Directives (AD) for the DH 90 (Dragonfly) Series Aeroplanes and their subsequent remaking. Specifically, section (a) revokes the Airworthiness Directives listed in Schedule 1, while section (b) mandates the remaking of each Airworthiness Directive in its entirety, as it appears in the latest published edition. This includes the AD for fire precaution measures on refuelling, identified as AD/DH 90/1. The Act imposes several obligations and requirements on the parties governed by it. Firstly, it requires compliance with the new Airworthiness Directives that are re-made as separate instruments. These directives must be adhered to by the operators of the DH 90 (Dragonfly) Series Aeroplanes, ensuring that they implement the prescribed measures to maintain the airworthiness of the aircraft. Operators must ensure that their maintenance and operational procedures are aligned with the re-made ADs, specifically addressing fire precaution measures during refuelling as outlined in AD/DH 90/1. Breaching the obligations set out in these Airworthiness Directives can lead to various legal consequences. Non-compliance with the ADs may result in civil or criminal penalties, depending on the severity of the breach. For instance, under the Civil Aviation Act 1988, failure to comply with an AD can lead to significant fines or imprisonment. Specifically, for serious breaches that endanger safety, the maximum penalty can include fines of up to $210,000 for individuals and $1,050,000 for corporations, along with potential imprisonment terms. It is crucial for operators to ensure full compliance to avoid these severe consequences and maintain the highest safety standards in aviation operations.