AD/PHS/18 Amdt 4 - Hub Cracking

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01324 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/PHS/18 Amdt 4 — Hub 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. 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.

 

The United States of America Federal Aviation Administration (FAA) issued AD 94‑06-05 affecting Hamilton Standard 14RF-9, 14RF-19 and 14RF-21 propellers in 1994. The United States of America is the State of Design for this propeller type. CASA subsequently issued AD/PHS/18 Amdt 3 to mandate the requirements of FAA AD 94-06-05. As a result of a request from industry, CASA has issued AD/PHS/18 Amdt 4 to clarify the non-destructive inspection method and make minor editorial changes throughout the text. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the non-destructive inspection method and making minor editorial changes, 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 7 October 2014.

 

 

 

[Instrument number AD/PHS/18 Amdt 4]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/PHS/18 Amdt 4 – Hub 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

The United States of America Federal Aviation Administration (FAA) issued AD 94‑06-05 affecting Hamilton Standard 14RF-9, 14RF-19 and 14RF-21 propellers in 1994. The United States of America is the State of Design for this propeller type. CASA subsequently issued AD/PHS/18 Amdt 3 to mandate the requirements of FAA AD 94-06-05. As a result of a request from industry, CASA has repealed and replaced AD/PHS/18 Amdt 3 to clarify the non-destructive inspection method and make minor editorial changes throughout the text.

 

The primary purpose of this legislative instrument is to clarify the non-destructive inspection method and make minor editorial changes throughout the text.

 

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 by the Australian Parliament to ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. These regulations were made under section 98 of the Civil Aviation Act 1988, which allows for the creation of rules and regulations necessary for the safety of air navigation. The CASR 1998 fill a critical gap by establishing detailed safety standards and procedures that govern all aspects of civil aviation operations in Australia, including airworthiness, licensing, and operational standards. The policy objective of these regulations is to maintain and enhance the safety of civil aviation by ensuring that all aircraft and aeronautical products meet stringent safety standards. The Civil Aviation Safety Authority (CASA) is responsible for the administration and enforcement of these regulations, ensuring that the aviation industry adheres to the highest safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/PHS/18 Amdt 4, apply to all persons and entities involved in the operation of aircraft within Australia, particularly focusing on those who own or operate Hamilton Standard 14RF-9, 14RF-19, and 14RF-21 propellers. The amendment is aimed at ensuring the continuing airworthiness of these aircraft by clarifying the non-destructive inspection methods required for detecting hub cracking and making minor editorial adjustments to the text. The regulations extend to the entire Commonwealth of Australia, aligning with international standards as set by the Convention on International Civil Aviation. This legislative instrument does not exclude any particular person, aircraft, or aeronautical product but mandates specific requirements for the identified propeller types. The application of these regulations is overseen by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which ensures compliance with both domestic and international aviation safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended by AD/PHS/18 Amdt 4, specifically targeting the issue of hub cracking in certain Hamilton Standard propellers. This amendment, which follows the original AD/PHS/18 Amdt 3 issued by the Civil Aviation Safety Authority (CASA), is made under the authority of the Civil Aviation Act 1988 (section 98) and the Acts Interpretation Act 1901 (subsection 33(3)). The AD/PHS/18 Amdt 4 aims to clarify the non-destructive inspection method for detecting hub cracks in the specified propellers and includes minor editorial changes throughout the document. This legislative instrument repeals and replaces the previous AD on this subject. The AD imposes specific obligations on the parties and entities it governs, primarily focusing on ensuring the continuing airworthiness of aircraft registered in Australia. Operators of aircraft equipped with the affected Hamilton Standard propellers must comply with the non-destructive inspection requirements outlined in the AD. This includes conducting inspections in accordance with the specified methods and frequency to detect any signs of hub cracking, a condition that could compromise the safety of the propeller. Furthermore, CASA mandates that any identified issues must be addressed promptly to maintain compliance with airworthiness standards. In terms of enforcement, breaches of the AD/PHS/18 Amdt 4 can lead to significant consequences. Operators failing to comply with the non-destructive inspection requirements may face enforcement actions by CASA. Under the Civil Aviation Act 1988, CASA has the authority to impose penalties for non-compliance with airworthiness directives. The specific penalties can include fines and, in severe cases, the grounding of aircraft until compliance is achieved. The exact penalties are determined based on the severity and circumstances of the non-compliance but are designed to ensure that safety standards are rigorously upheld. Overall, AD/PHS/18 Amdt 4 serves as a critical legislative tool in maintaining the safety of air navigation by addressing a specific safety concern related to propeller hub cracking. Compliance with this AD is essential for operators to ensure the continued airworthiness of their aircraft, thereby protecting passengers and crew. The penalties for non-compliance are stringent, reflecting the importance of adhering to these safety regulations.

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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.