AD/DHC-8/138 Amdt 1 - Fuel System Safety

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Legislation au F2017L01417 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/138 Amdt 1 — Fuel System Safety

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-8/138 Amdt 1 applies to the Bombardier DHC-8 Series aircraft.

Transport Canada issued AD CF-2008-06 affecting Bombardier DHC-8 series aeroplanes in 2008. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/138 to mandate the requirements of Canadian AD CF‑2008-06. As a result of a request from industry, CASA has issued AD/DHC-8/138 Amdt 1 to correct a Maintenance Requirements Manual Temporary Revision number referenced in the Requirement section of the AD. This AD repeals and replaces the previous AD on this subject.

 

The Bombardier Maintenance Requirements Manual and Temporary Revisions referred to in the AD, as in force at the time of issue of AD/DHC-8/138, 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-2008-06 referred to in a note to the AD, 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-2008-06

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 correcting a document reference, 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-8/138 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-8/138 Amdt 1 – Fuel System Safety

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-2008-06 affecting Bombardier DHC-8 series aeroplanes in 2008. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/138 to mandate the requirements of Canadian AD CF‑2008-06. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/138 to correct a Maintenance Requirements Manual Temporary Revision number referenced in the Requirement section of the AD.

The primary purpose of this legislative instrument is to correct a document reference.

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 to ensure the safety of civil aviation in Australia. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are necessary for maintaining the continuing airworthiness of aircraft and aeronautical products. AD/DHC-8/138 Amdt 1, introduced in 2017, specifically addresses a fuel system safety issue for the Bombardier DHC-8 Series aircraft. This amendment was enacted in response to a request from the industry to correct an inaccurate reference in the Maintenance Requirements Manual Temporary Revision within the original AD/DHC-8/138. By issuing this amendment, CASA ensures compliance with international standards and maintains the safety and airworthiness of the affected aircraft within Australia.

Scope and Application

The AD/DHC-8/138 Amdt 1 pertains specifically to the Bombardier DHC-8 series aircraft, which includes all variants of the DHC-8 aeroplanes registered and operated within Australia. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, mandates the safety requirements for the fuel system of these aircraft, ensuring they comply with the international standards set forth by the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, issues this amendment in response to a request from industry, correcting an earlier reference within the Maintenance Requirements Manual Temporary Revision. It is designed to streamline compliance for Australian operators of the DHC-8 aircraft, ensuring they adhere to the most accurate and up-to-date safety directives. This amendment is applicable nationally and aligns with the international obligations of Australia under the Convention, reflecting CASA’s commitment to maintaining the highest standards of civil aviation safety.

Key Provisions

The key operative sections of this piece of legislation, AD/DHC-8/138 Amdt 1, are sections 98 of the Civil Aviation Act 1988 (the Act), and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998). Section 98 allows the Governor-General to make regulations, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. Under subsections 98(5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply to a particular person, aircraft, or aeronautical product. Therefore, AD/DHC-8/138 Amdt 1 is a legislative instrument. The Act also provides for the repeal, rescind, revoke, amend, or vary of any such instrument under subsection 33(3) of the Acts Interpretation Act 1901. The obligations and requirements imposed by the Act and CASR 1998 on the parties governed by this legislation include ensuring the continuing airworthiness of the Bombardier DHC-8 Series aircraft. The State of Design, in this case Canada, is responsible for providing necessary information to ensure the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. Operators of the DHC-8 aircraft must comply with the AD by correcting the Maintenance Requirements Manual Temporary Revision number referenced in the Requirement section of the AD. There are no specific offences, penalties, or civil/criminal consequences mentioned in the legislation for breaches of AD/DHC-8/138 Amdt 1. However, failure to comply with airworthiness directives can result in enforcement actions by CASA, including grounding of the aircraft, fines, and other penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for non-compliance with airworthiness directives can vary depending on the severity of the violation and the specific provisions of the Act and CASR 1998. Overall, AD/DHC-8/138 Amdt 1 is a legislative instrument that aims to correct a document reference in an airworthiness directive for the Bombardier DHC-8 Series aircraft. It imposes obligations on the State of Design, CASA, and operators of the aircraft to ensure the continuing airworthiness of the aircraft type. While specific penalties for non-compliance are not mentioned in the legislation, failure to comply with airworthiness directives can result in enforcement actions by CASA under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.

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Legislative Instrument
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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.