AD/PHS/10 Amdt 2 - Hydromatic Propeller - Aluminium Blades

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Legislation au F2017L00127 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/PHS/10 Amdt 2 — Hydromatic Aluminium Propeller Blades

 

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. 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/PHS/10 Amdt 2 applies to certain Hamilton Standard propellers.

 

The United States of America Federal Aviation Administration (FAA) issued AD 81‑13-06 R2 affecting certain Hamilton Standard propellers in 1989. The United States of America is the State of Design for Hamilton Standard propellers. CASA subsequently issued AD/PHS/10 Amdt 1 to mandate the requirements of FAA AD 81‑13-06 R2. As a result of a request from the Australian Warbirds Association Ltd. (AWAL), CASA has issued AD/PHS/10 Amdt 2 to allow for Limited Category aircraft administered by the Australian Warbird Association Ltd to have an extended inspection period by compliance with the requirements contained in AWAL Maintenance Direction 16-001. This AD repeals and replaces the previous AD on this subject.


FAA AD 81-13-06 R2 is available from the FAA website (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAD.nsf/Frameset?OpenPage) and AWAL Maintenance Direction 16-001 is available by contacting the Australian Warbirds Association Ltd via their website (http://australianwarbirds.com.au/).

 

Consultation

This AD is being made at the request of industry, in particular the Australian Warbirds Association Ltd. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from introducing an extended inspection period for certain aircraft, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 20 February 2017.

 

 

 

[Instrument number AD/PHS/10 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/PHS/10 Amdt 2 – Hydromatic Aluminium Propeller Blades

 

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

The United States of America Federal Aviation Administration (FAA) issued AD 81‑13-06 R2 affecting certain Hamilton Standard propellers in 1989. The United States of America is the State of Design for Hamilton Standard propellers. CASA subsequently issued AD/PHS/10 Amdt 1 to mandate the requirements of FAA AD 81‑13-06 R2. As a result of a request from the Australian Warbirds Association Ltd. (AWAL), CASA has repealed and replaced AD/PHS/10 Amdt 1 to allow for Limited Category aircraft administered by the AWAL to have an extended inspection period by compliance with the requirements contained in AWAL Maintenance Direction 16‑001.

 

The primary purpose of this legislative instrument is to introduce an extended inspection period for certain aircraft.

 

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 air navigation in Australia, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) as legislative instruments under section 98 of the Civil Aviation Act 1988. These directives are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. AD/PHS/10 Amdt 2, issued in response to a request from the Australian Warbirds Association Ltd, specifically targets certain Hamilton Standard propellers, allowing for an extended inspection period for Limited Category aircraft administered by AWAL. This amendment repeals and replaces the previous AD/PHS/10 Amdt 1, reflecting a minor adjustment to existing arrangements. The policy objective of this AD is to ensure the safety and compliance of certain aircraft by aligning with international standards and practices, while also accommodating the specific needs of the warbirds community. The AD was made under the authority delegated by CASA and commenced on 20 February 2017.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment 2 (AD/PHS/10 Amdt 2) concerning Hydromatic Aluminium Propeller Blades is a legislative instrument made under section 98 of the Civil Aviation Act 1988. This amendment applies to certain Hamilton Standard propellers, specifically those used on aircraft registered in Australia and falling within the scope of AD 81-13-06 R2 issued by the United States Federal Aviation Administration (FAA) in 1989. The amendment responds to a request from the Australian Warbirds Association Ltd. (AWAL) to extend the inspection period for Limited Category aircraft under their administration, as outlined in AWAL Maintenance Direction 16-001. The amendment repeals and replaces the previous AD/PHS/10 Amdt 1, thereby allowing for compliance with the extended inspection period as specified by AWAL. The AD applies nationally within Australia, overseen by the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The regulation does not specify any exclusions or exemptions, and its application is not further extended or restricted through subordinate instruments.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) pertinent to this legislative instrument include section 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for the Act, with a focus on ensuring the safety of air navigation. Section 33(3) of the Acts Interpretation Act 1901 further stipulates that any power to make legislative or administrative instruments includes the authority to repeal, rescind, revoke, amend, or vary such instruments. The AD/PHS/10 Amendment 2 is a legislative instrument under these provisions, specifically aimed at certain Hamilton Standard propellers, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The AD imposes several obligations and requirements on the parties it governs. Primarily, it mandates an extended inspection period for certain Hamilton Standard propellers, particularly for Limited Category aircraft administered by the Australian Warbirds Association Ltd (AWAL). This requirement is in compliance with AWAL Maintenance Direction 16-001, which provides specific guidelines for these extended inspections. The AD also aligns with the continuing airworthiness responsibilities of the State of Design (United States of America) and the State of Registry (Australia), ensuring that all regulatory and safety standards are met. Operators of affected aircraft must adhere to the extended inspection schedule and ensure that any identified issues are rectified in accordance with the AD. Breaching the requirements outlined in the AD/PHS/10 Amendment 2 may lead to significant consequences. Non-compliance with airworthiness directives can result in civil and criminal penalties. Under section 57 of the Civil Aviation Act 1988, CASA may impose fines for non-compliance with airworthiness standards, with penalties that can vary based on the severity of the breach. Additionally, operators may face legal action if their failure to comply results in unsafe conditions, potentially leading to criminal charges. The specific penalties are not detailed in the AD but are governed by the broader legislative framework of the Civil Aviation Act 1988 and other relevant regulations. In summary, AD/PHS/10 Amendment 2 is a legislative instrument designed to ensure the safety of certain Hamilton Standard propellers by introducing an extended inspection period. It imposes specific obligations on aircraft operators and aligns with international and domestic regulatory frameworks. Failure to comply with the AD can result in civil and criminal penalties, reinforcing the importance of adherence to these safety standards.

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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.