AD/DHC-8/11 Amdt 2 - Engine Cowl Door Retention and Pressure Relief

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

Legislation au F2017L01388 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/11 Amdt 2 — Engine Cowl Door Retention and Pressure Relief

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/DHC-8/11 Amdt 2 applies to the Bombardier DHC-8 Series aircraft.

Transport Canada issued AD CF-89-15 affecting Bombardier DHC-8 series aeroplanes in 1989. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/11 Amdt 1 to mandate the requirements of Canadian AD CF-89-15. As a result of a request from industry, CASA has issued AD/DHC‑8/11 Amdt 2 to update the reference to the Canadian AD to the latest revision (CF-89-15R1) and to align the AD applicability with that of AD CF‑89‑15R1. This AD repeals and replaces the previous AD on this subject.

 

The Bombardier Service Bulletin referred to in the AD, as in force from time to time, can be obtained from Bombardier, however, any Australian airline or operator which operates the DHC-8 aircraft are provided with these documents by Bombardier via subscription.

 

Transport Canada AD CF-89-15R1 is freely available from the Transport Canada website at the following internet address:

 

http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/awd-display-cs2101-wnd.asp?rand=&vMode=0&showPdf=False&ovid=CF_CF-89-15_1

Consultation

This AD is being made at the request of industry, in particular an operator of the Bombardier DHC-8 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating the revision status of a referenced document and amending the serial number applicability, 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.

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 3 November 2017.

[Instrument number AD/DHC-8/11 Amdt 2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/DHC-8/11 Amdt 2 – Engine Cowl Door Retention and Pressure Relief

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

Transport Canada issued AD CF-89-15 affecting Bombardier DHC-8 series aeroplanes in 1989. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/11 Amdt 2 to mandate the requirements of Canadian AD CF-89-15. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/11 Amdt 1 to update the reference to the Canadian AD to the latest revision (CF-89-15R1) and to align the AD applicability with that of AD CF‑89‑15R1. This AD repeals and replaces the previous AD on this subject.

The primary purpose of this legislative instrument is to update the revision status of a referenced document and amend the serial number applicability.

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 (CASR 1998) were enacted under the authority of the Civil Aviation Act 1988 to ensure the continuing airworthiness of aircraft and aeronautical products. The Act empowers the Governor-General to make regulations, including airworthiness directives (ADs), which are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product. AD/DHC-8/11 Amdt 2, issued by the Civil Aviation Safety Authority (CASA), responds to a request from industry to update the reference to a Canadian airworthiness directive (AD CF-89-15R1) and align the applicability of the AD with the latest revision. This amendment aims to ensure that the relevant safety directives remain current and effectively address identified safety concerns. The AD is compatible with human rights, as it does not engage any of the applicable rights or freedoms, and no further consultation was deemed necessary due to the minor nature of the amendment.

Scope and Application

The AD/DHC-8/11 Amdt 2 is a legislative instrument issued under the Civil Aviation Safety Regulations 1998, which applies specifically to the Bombardier DHC-8 Series aircraft. This amendment was made in response to a request from industry and serves to update the reference to the Canadian Airworthiness Directive (AD) CF-89-15 to its latest revision (CF-89-15R1) and to align the AD's applicability with that of the revised Canadian AD. The AD applies to all operators and airlines in Australia that use DHC-8 aircraft, ensuring that they comply with the updated safety requirements set forth by Transport Canada, the State of Design for this aircraft type. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is responsible for issuing this AD to mandate the requirements of the Canadian AD, ensuring that the continuing airworthiness of the DHC-8 aircraft in Australia aligns with international standards. The AD is a legislative instrument under the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, which allows for its amendment, repeal, or revocation as necessary. The AD commenced on 3 November 2017 and is compatible with human rights as declared in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (section 98) empower the Governor-General to make regulations. Regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific types of aircraft or aeronautical products. The AD/DHC-8/11 Amdt 2 pertains to the Bombardier DHC-8 Series aircraft and updates the previous AD/DHC-8/11 Amdt 1. This amendment aligns the AD applicability with Transport Canada AD CF-89-15R1, the latest revision of the Canadian AD, while also updating the revision status of a referenced document and amending the serial number applicability. The AD/DHC-8/11 Amdt 2 imposes obligations on Australian operators of the Bombardier DHC-8 Series aircraft to comply with the updated AD requirements. Specifically, these obligations include ensuring that the aircraft engine cowl door retention and pressure relief mechanisms are in accordance with the latest Bombardier Service Bulletin, which can be obtained from Bombardier. This AD mandates that Australian operators must adhere to the updated AD to maintain the continuing airworthiness of their aircraft. Additionally, CASA, as the national airworthiness authority, is responsible for assessing the information provided by the State of Design (Canada) and issuing the appropriate AD to ensure compliance. The AD/DHC-8/11 Amdt 2 does not explicitly state specific offences or penalties for non-compliance. However, non-compliance with airworthiness directives in general may result in severe consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Offences related to non-compliance with ADs can lead to criminal charges, including fines and imprisonment. The maximum penalties for breaches of safety regulations under the Act can include fines up to $275,000 for corporations and $55,000 for individuals, along with potential imprisonment terms for serious violations. Civil penalties can also be imposed, which may further include the grounding of non-compliant aircraft and revocation of airworthiness certificates. Overall, the AD/DHC-8/11 Amdt 2 aims to ensure that Australian operators of Bombardier DHC-8 Series aircraft maintain compliance with the latest safety requirements as stipulated by Transport Canada. The AD mandates adherence to updated ADs to ensure the continuing airworthiness of these aircraft, with potential severe consequences for non-compliance under the Civil Aviation Act 1988 and CASR 1998.

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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.