AD/OH-58/8 Amdt 1 - Main Rotor Mast Cracking

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Legislation au F2015L01496 In force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australian territory. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, with the overarching goal of maintaining safety standards in air navigation. This legislative framework facilitates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) aimed at ensuring the safety and airworthiness of aircraft. One such directive, AD/OH-58/8 Amdt 1, was introduced to address the issue of main rotor mast cracking in OH-58A (Bell 206A-1) series helicopters, specifically the AMT and Osborne variants. This amendment to the AD mandates the requirements of the United States Federal Aviation Administration's AD 2014-22-03, reflecting Australia's role as the State of Design for these helicopter variants and its commitment to international aviation safety standards.

Scope and Application

The AD/OH-58/8 Amdt 1 pertains to the Civil Aviation Safety Regulations 1998 and applies to the OH-58A (Bell 206A-1) series helicopters, including AMT OH-58A and Osborne OH-58A variants, within the Commonwealth of Australia. This amendment is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988, specifically section 98, which allows for the creation of regulations for the safety of air navigation. The amendment is based on the Federal Aviation Administration’s (FAA) AD 2014-22-03, addressing a previously identified unsafe condition regarding main rotor mast cracking in these helicopter models. The amendment applies to all OH-58A helicopters that are covered by an Australian type certificate, ensuring they meet the necessary safety standards. The AD is effective from 25 September 2015, and it repeals and replaces the previous AD/OH-58/8 issued in 2012. The legislation does not specify any exclusions or exemptions, implying that all affected aircraft must comply with the new requirements.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by AD/OH-58/8 Amdt 1, primarily concern the safety of OH-58A (Bell 206A-1) series helicopters, including the AMT OH-58A and Osborne OH-58A variants. The primary requirement under this amendment is the inspection of the Main Rotor Mast for cracks (Section 39.001). This directive was issued to address a specific safety issue identified in these helicopter models. The amendment mandates that operators of these helicopters must conduct regular inspections to ensure the integrity of the Main Rotor Mast, following the guidelines set forth in FAA AD 2014-22-03, which has superseded FAA AD 2012-14-11. Operators and owners of OH-58A helicopters must comply with the requirements outlined in AD/OH-58/8 Amdt 1. This includes ensuring that inspections of the Main Rotor Mast are conducted by qualified personnel in accordance with the specified frequency and methodology. These inspections are critical to prevent potential structural failures that could lead to accidents. Additionally, operators must maintain detailed records of all inspections and any remedial actions taken, which must be readily available for review by the Civil Aviation Safety Authority (CASA) upon request. Failure to comply with the requirements of AD/OH-58/8 Amdt 1 can result in severe consequences. Civil Aviation Safety Regulations 1998 impose strict penalties for non-compliance, which can include fines and potential grounding of the aircraft. In more severe cases, CASA may take enforcement actions, including revocation of the aircraft's airworthiness certificate. The penalties are intended to ensure that all operators prioritise safety and adhere to the regulations designed to protect the public and maintain the safety of air navigation. This legislative instrument does not impose any human rights issues, as confirmed by the Statement of Compatibility with Human Rights. The AD is focused solely on ensuring the safety of the aircraft and does not engage any of the rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011. The compatibility statement confirms that the AD is aligned with international human rights standards and does not infringe upon any recognised human rights.

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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.