Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/OH-58/8 Amdt 1 — Main Rotor Mast Cracking
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.
On 30 July 2012, CASA issued AD/OH-58/8 — Main Rotor Mast Cracking to correct an unsafe situation for OH-58A (Bell 206A-1) series helicopters, including AMT OH‑58A and Osborne OH-58A. The AD required inspections of the Main Rotor Mast for a crack. As Australia is the State of Design for the AMT and Osborne variants of the OH-58A helicopters, CASA has developed an AD to correct the problem on Australian aircraft. The AD is based on United States Federal Aviation Administration (FAA) AD 2012-14-11 which was issued to address the unsafe condition for variants of OH-58 helicopters designed in the United States.
CASA has issued AD/OH-58/8 Amdt 1 to mandate the requirements of FAA AD 2014-22-03 which supersedes FAA AD 2012-14-11 for Osborne OH-58A helicopters that are covered by an Australian type certificate. This AD repeals and replaces the previous AD on this subject.
Consultation
CASA consulted the Australian aviation industry in January and February 2015 by way of CASA Proposed Airworthiness Directive PAD/OH-58/8 Amdt 1. Comments and responses can be found on the CASA website.
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 25 September 2015.
[Instrument number AD/OH-58/8 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/OH-58/8 Amdt 1 – Main Rotor Mast Cracking
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/OH-58/8 in July 2012 to correct an unsafe situation on OH-58A (Bell 206A-1) series helicopters, including AMT OH-58A and Osborne OH-58A. The AD required inspections of the Main Rotor Mast for a crack. As Australia is the State of Design for the AMT and Osborne variants of the OH-58A helicopters, CASA has developed an AD to correct the problem on Australian aircraft. CASA has issued AD/OH-58/8 Amdt 1 to mandate the requirements of FAA AD 2014-22-03 which has superseded FAA AD 2012-14-11 for those OH-58A helicopters that are covered by an Australian type certificate.
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