Replacement Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/DHC-2/26 Amdt 1 — Passenger Seats and Passenger Seat Attachment Fittings
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.
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/DHC-2/26 to correct an unsafe situation on Viking Air DHC-2 aircraft in 1989. AD/DHC-2/26 was issued to mandate inspections on passenger seats and passenger seat attachment fittings following a fatal accident. The State of Design for this type, Canada, has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has issued AD/DHC-2/26 Amdt 1 to relax the requirement for repetitive inspections from the previous 3 monthly interval to a 12 monthly interval, based on safe history and evidence of rates of corrosion since the issue of AD/DHC‑2/26. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
The AD does not incorporate documents by reference. Whilst the AD refers to approvals by the manufacturer or made under aviation legislation, no specific approval is being incorporated by reference because the AD is expressing an applicability requirement, so that the absence of an approval will require compliance with the AD. The AD otherwise does not require a person to comply with or do something expressed in an approval. CASA holds no such approvals.
Consultation
This AD is being made at the request of industry, in particular an operator of the Viking Air DHC-2 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from providing an additional 9 months to carry out the repetitive inspection requirement of the AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation 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 (OBPR id. 14507).
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 and subsection 94 (1) of the Act.
The instrument commenced on 11 January 2019.
[Instrument number AD/DHC-2/26 Amdt 1]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/DHC-2/26 Amdt 1 – Passenger Seats and Passenger
Seat Attachment Fittings
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
CASA issued AD/DHC-2/26 Amdt 1 affecting Viking Air DHC-2 series aeroplanes in 1989. The State of Design for this type, Canada, has not yet taken action to correct this unsafe condition. As there are several examples of the aircraft type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/DHC-2/26 to relax the requirement for repetitive inspections from the previous 3 monthly interval to a 12 monthly interval, based on safe operation history and evidence of rates of corrosion since the issue of AD/DHC-2/26.
The primary purpose of this legislative instrument is to provide industry an additional 9 months to carry out the repetitive inspection requirements of the AD.
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