AD/AIRCON/12 Amdt 4 – Hartzell Engine Technologies – Cabin Combustion Heaters

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00507 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/AIRCON/12 Amdt 4 – Hartzell Engine Technologies Cabin Combustion Heaters

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

 

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.

 

CASA issued AD/AIRCON/12 to correct an unsafe condition on Kelly Aerospace Power Systems B-Series combustion heaters in 1997. AD/AIRCON/12 Amdt 1 was issued to simplify requirements such that heaters became subject to either AD/AIRCON/9 Amdt 7 or AD/AIRCON/12 Amdt 1 as applicable. AD/AIRCON/12 Amdt 2 removed the terminating action that was provided by the fitment of ceramiccoated combustion tubes. AD/AIRCON/12 Amdt 3 changed the overhaul period to include an option to follow the manufacturers recommended overhaul period and clarification of aspects relating to the disabling of the heater.

 

This AD (AD/AIRCON/12 Amdt 4) requires the inspection, testing and overhaul of the applicable combustion heaters and associated airframe mounted components necessary for heater operation to prevent in-service failures. Heater failure can lead to pilot incapacitation due to excessive levels of carbon monoxide (CO) entering the cabin as a result of incomplete combustion or an aircraft fire due to an uncontained combustion chamber flame. The United States of America Federal Aviation Administration, as the State of Design for these heaters, issued AD 2004-21-05. However, the oversight and maintenance actions required by the AD did not consider Australia’s unique conditions. As there are many examples of the applicable combustion heaters being used on aircraft on the Australian register, CASA developed an AD to address the specific conditions for Australian operators. CASA has issued AD/AIRCON/12 Amdt 4 to update references to the pertinent manufacturers data.

 

Consultation

This AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to the pertinent manufacturers data. It is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 9 May 2014.

 

[Instrument number AD/AIRCON/12 Amdt 4]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/AIRCON/12 Amdt 4 Hartell Engine Technologies
Cabin Combustion Heaters

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

In 2005, CASA issued an airworthiness directive (AD), AD/AIRCON/12 Amdt 3, to correct an unsafe condition on Australian aircraft fitted with Kelly Aerospace Power Systems (formerly Janaero Devices) B-Series combustion heaters.

 

This legislative instrument repeals AD/AIRCON/12 Amdt 3 and issues AD/AIRCON/12 Amdt 4 to update references to the pertinent manufacturer’s data and make minor editorial changes to improve readability.

 

The primary purpose of this legislative instrument is to replace AD/AIRCON/12 Amdt 3 with an AD that includes references to the current pertinent manufacturers data.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/AIRCON/12 Amdt 4, were enacted to address safety concerns related to cabin combustion heaters in Australian-registered aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, particularly focusing on the safety of air navigation. The Australian Civil Aviation Safety Authority (CASA) issued this amendment to update references to pertinent manufacturer's data and make minor editorial changes to improve readability, thereby ensuring compliance with international safety standards. This legislative instrument does not substantially alter existing arrangements and was developed in response to specific conditions in Australia, as the United States Federal Aviation Administration's oversight did not fully account for these unique conditions. The policy objective is to maintain and enhance the safety of air navigation by ensuring that all airworthiness directives issued for Australian-registered aircraft are appropriately tailored to the local context.

Scope and Application

The AD/AIRCON/12 Amdt 4 issued by the Civil Aviation Safety Authority (CASA) applies to entities and persons responsible for the maintenance and operation of aircraft equipped with Kelly Aerospace Power Systems B-Series combustion heaters on the Australian aircraft register. This includes aircraft owners, operators, and maintenance service providers. The directive pertains specifically to the inspection, testing, and overhaul of these cabin combustion heaters to mitigate risks associated with incomplete combustion and potential fire hazards. The AD ensures that these heaters meet updated safety standards and manufacturer recommendations, tailored to the Australian context. Geographically, the directive applies within Australia's jurisdiction, focusing on aircraft registered in the country. There are no stated exclusions or exemptions, and the directive does not impose new thresholds beyond those specified in the updated manufacturer’s data. The application of this AD may be extended or restricted through subordinate instruments issued by CASA, in accordance with the powers conferred under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by AD/AIRCON/12 Amdt 4, focus on ensuring the safety of air navigation and the continuing airworthiness of aircraft. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a specific kind of aircraft or aeronautical product. This particular amendment to AD/AIRCON/12, specifically addressing Hartzell Engine Technologies – Cabin Combustion Heaters, is a legislative instrument that aims to update the references to pertinent manufacturer’s data and make minor editorial changes. The AD mandates inspections, testing, and overhauls of the applicable combustion heaters to prevent in-service failures, which could lead to pilot incapacitation or aircraft fires. The obligations imposed by this Act on the parties it governs, primarily aircraft operators and maintenance personnel, include ensuring that all inspections, tests, and overhauls of the combustion heaters are conducted according to the specifications outlined in AD/AIRCON/12 Amdt 4. Operators must ensure their aircraft comply with the updated safety requirements to maintain airworthiness. Maintenance personnel must be adequately trained and follow the procedures detailed in the AD to prevent unsafe conditions. Additionally, CASA has a responsibility to monitor compliance with these directives and may conduct audits or inspections to ensure adherence to the safety standards. Any breach of the requirements set out in AD/AIRCON/12 Amdt 4 can lead to significant civil and criminal consequences. For instance, if an aircraft is found to be non-compliant with the AD, CASA may issue a notice of non-compliance, which can escalate to legal action. In severe cases, the operator may face penalties, including fines or the suspension of the aircraft’s airworthiness certificate. Additionally, any individual responsible for failing to comply with the AD could face personal liability, including criminal charges, especially if their actions result in an accident or incident. The maximum penalties for such offences can include substantial fines and imprisonment, reflecting the gravity of ensuring aviation safety.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.