AD/DHC-8/48 Amdt 3 - Provision of Separate Instrument Grounds

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Legislation au F2017L01426 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/48 Amdt 3 — Provision of Separate Instrument Grounds

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-8/48 Amdt 3 applies to the Bombardier DHC-8 Series aircraft.

Transport Canada issued AD CF-97-01R1 affecting Bombardier DHC-8 series aeroplanes in 1997. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/48 Amdt 2 to mandate the requirements of Canadian AD CF‑97-01R1. As a result of a request from industry, CASA has issued AD/DHC‑8/48 Amdt 3 to update the reference to the Canadian AD to the latest revision (CF‑97‑01R2) and to align the AD applicability with that of AD CF‑97‑01R2. This AD repeals and replaces the previous AD on this subject.

 

The de Havilland Alert 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-97-01R2 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-97-01_2

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 range in the 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 10 November 2017.

[Instrument number AD/DHC-8/48 Amdt 3]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/DHC-8/48 Amdt 3 – Provision of Separate Instrument Grounds

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-97-01R1 affecting Bombardier DHC-8 series aeroplanes in 1997. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/48 Amdt 2 to mandate the requirements of Canadian AD CF‑97-01R1. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/48 Amdt 2 to update the reference to the Canadian AD to the latest revision (CF‑97-01R2) and to align the AD applicability with that of AD CF‑97‑01R2.

The primary purpose of this legislative instrument is to update the revision status of a referenced document and amend the model 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, as amended by AD/DHC-8/48 Amdt 3, address the need to update and align Australian airworthiness directives with international standards, particularly concerning the Bombardier DHC-8 Series aircraft. Enacted under the authority of the Civil Aviation Act 1988, this legislative instrument was introduced in response to industry requests to update the reference to the latest revision of a Transport Canada airworthiness directive (AD CF-97-01R2) and to align the AD applicability accordingly. The Australian Civil Aviation Safety Authority (CASA) issued this amendment to ensure consistency with international safety standards and to maintain the continuing airworthiness of the DHC-8 aircraft registered in Australia. This update rectifies previous discrepancies and ensures that Australian aviation safety regulations remain in harmony with international practices, thereby enhancing the safety and reliability of aircraft operations.

Scope and Application

The AD/DHC-8/48 Amdt 3 applies to the Bombardier DHC-8 Series aircraft, which are registered in Australia and operated by Australian airlines or operators. This amendment is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with the aim of ensuring the continuing airworthiness of these aircraft in line with international standards. The AD was issued by the Civil Aviation Safety Authority (CASA) in response to a request from industry, specifically an operator of the Bombardier DHC-8 series aircraft, and updates the reference to the Canadian AD to the latest revision (CF-97-01R2) and aligns the AD applicability with that of the updated Canadian AD. This amendment does not substantially alter existing arrangements beyond updating the revision status of a referenced document and amending the serial number range in the applicability. The AD/DHC-8/48 Amdt 3 is a legislative instrument, repealing and replacing the previous AD on this subject. The instrument was made by a delegate of CASA under the power of delegation provided by the Civil Aviation Safety Regulations 1998 and commenced on 10 November 2017. The scope of this legislative instrument is limited to the Bombardier DHC-8 Series aircraft registered in Australia. The AD/DHC-8/48 Amdt 3 aligns Australian airworthiness directives with those issued by the State of Design, Canada, and does not extend to other aircraft types or jurisdictions. The instrument also does not engage any of the applicable rights or freedoms as outlined in the Statement of Compatibility with Human Rights. Furthermore, the AD/DHC-8/48 Amdt 3 does not require a Regulation Impact Statement as it is covered by a standing agreement between CASA and the Office of Best Practice Regulation, which exempts ADs from such statements.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment (AD/DHC-8/48 Amdt 3) pertains to the Bombardier DHC-8 Series aircraft, specifically updating and aligning the Australian airworthiness directive (AD) with the latest revision from Transport Canada. Under regulation 39.001 of the CASR 1998 (paragraph 1), the Civil Aviation Safety Authority (CASA) has the power to issue an AD for a particular kind of aircraft or aeronautical product. This AD is made under the authority conferred by section 98 of the Civil Aviation Act 1988, and it serves as a legislative instrument under subsections 98(5B) and (5BA) of the Act. The AD/DHC-8/48 Amdt 3 replaces the previous AD/DHC-8/48 Amdt 2, thereby repealing it and introducing new requirements that align with the updated Canadian AD CF-97-01R2. This legislative amendment imposes specific obligations on Australian operators of the Bombardier DHC-8 Series aircraft. They are required to comply with the updated AD, which mandates adherence to the latest safety standards and maintenance requirements as specified by Transport Canada's AD CF-97-01R2. Operators must ensure that their aircraft meet the updated criteria, which includes aligning their maintenance schedules and procedures with the new directive. Additionally, operators must ensure that the de Havilland Alert Service Bulletin, referenced in the AD, is made available to all relevant personnel. Failure to comply with the requirements set forth in the AD/DHC-8/48 Amdt 3 may result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines and potential grounding of the aircraft. Furthermore, operators may face criminal charges if their failure to comply results in a safety incident. The penalties for such offences can include substantial fines and imprisonment, reflecting the serious nature of ensuring aviation safety. It is imperative that all operators adhere strictly to the updated AD to avoid these severe repercussions.

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