AD/UH-1/20 Amdt 1 Tail Boom and Fin - Fretting and Cracking

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Legislation au F2019L01311 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/UH-1/20 Amdt 1 — Tail Boom and Fin - Fretting and Cracking

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.

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/UH-1/20 Amdt 1 applies to the Bell Helicopter Textron UH-1 (All Variants) Series Helicopters.

The United States of America Federal Aviation Administration (FAA) issued AD 83‑03-03 affecting Bell Helicopter Textron UH-1 series helicopters in 1983. The United States of America is the State of Design for this helicopter type. CASA subsequently issued AD/UH-1/20 to mandate the requirements of FAA AD 83-03-03. As a result of a request from industry, CASA has issued AD/UH-1/20 Amdt 1 to correct a typographical error in a reference in Note 1 of the AD.  The reference currently reads” FAA AC 43-13-1B Chapter 5 Section 2” and is corrected to “FAA AC 43-13-1B Chapter 5 Section 6”. This AD repeals and replaces the previous AD on this subject.

 

Documents Incorporated by Reference

The AD incorporates FAA AD 83-03-03 as at the date of the AD. The AD provides instructions for the detection of cracking in certain Bell Helicopter Textron UH-1 tail boom and fin components. The AD also requires replacement of parts found to be cracked. This AD is publicly available and can be found at the following internet address:

 

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/C3DA0F0151E5885886256A4D0073B1AE?OpenDocument&Highlight=83-03-03
 

The AD also references FAA Advisory Circular (AC) 43-13-1B (Chapter 5 Section 2), as at the date of the AD, which provides information regarding approved procedures for non-destructive testing. This AC is publicly available can be found at the following internet address:
 

https://www.casa.gov.au/files/faa-ac-4313-1b-chapter-5-nondestructive-inspection-ndi

Consultation

This AD is being made at the request of industry, in particular an operator of the Bell Helicopter Textron UH-1 (All Variants) Series Helicopters.

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a minor typographical error in a referenced document number, 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 11 October 2019.

[Instrument number AD/UH-1/20 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/UH-1/20 Amdt 1 – Tail Boom and Fin - Fretting and 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 83‑03-03 affecting Bell Helicopter Textron UH-1 series helicopters in 1983. The United States of America is the State of Design for this helicopter type. CASA subsequently issued AD/UH-1/20 to mandate the requirements of FAA AD 83-03-03. As a result of a request from industry, CASA has repealed and replaced AD/UH-1/20 to correct a document number referenced in Note 1 of AD/UH-1/20.

The primary purpose of this legislative instrument is to correct a minor typographical error in a document number reference.

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) were enacted to provide a comprehensive framework for ensuring the safety of civil aviation operations in Australia. This legislation, established under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to create regulations that implement international civil aviation safety standards. A key policy objective of the CASR is to ensure that aircraft and aeronautical products maintain a high level of safety, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) under regulation 39.001 of the CASR, which serve as binding legal instruments to mandate safety requirements for specific aircraft or aeronautical products. The AD/UH-1/20 Amdt 1, issued by CASA, corrects a typographical error in a referenced document within the original AD/UH-1/20 concerning the Bell Helicopter Textron UH-1 series helicopters, ensuring that the information remains accurate and reliable for maintaining the aircraft's airworthiness. This amendment was made in response to industry requests and is intended to maintain the integrity and effectiveness of the safety measures already in place.

Scope and Application

The AD/UH-1/20 Amdt 1 pertains to the Bell Helicopter Textron UH-1 (All Variants) Series Helicopters, specifically addressing issues related to tail boom and fin fretting and cracking. This amendment applies to operators of the specified helicopter models registered in Australia and is mandated by the Civil Aviation Safety Authority (CASA), which acts under the authority conferred by the Civil Aviation Act 1988. The amendment rectifies a typographical error in the reference to a document previously cited in the original AD/UH-1/20, ensuring that the correct FAA Advisory Circular section is referenced. This change is intended to maintain the safety and airworthiness of these aircraft in accordance with international standards. The AD/UH-1/20 Amdt 1 is effective from 11 October 2019 and serves to ensure that operators are correctly guided in the detection and rectification of potential structural issues. The AD operates within the national jurisdiction of Australia and aligns with the requirements set out by international civil aviation conventions.

Key Provisions

The primary operative sections of AD/UH-1/20 Amdt 1 pertain to the correction of a typographical error in a referenced document number in the original AD/UH-1/20, which was issued by the Civil Aviation Safety Authority (CASA) to mandate the requirements of the Federal Aviation Administration's (FAA) AD 83-03-03. This amendment, AD/UH-1/20 Amdt 1, specifically corrects the reference in Note 1 of the AD from "FAA AC 43-13-1B Chapter 5 Section 2" to "FAA AC 43-13-1B Chapter 5 Section 6". The amendment repeals and replaces the previous AD on this subject, thus ensuring that operators and maintainers of Bell Helicopter Textron UH-1 series helicopters adhere to the correct procedures for non-destructive testing as outlined in the FAA Advisory Circular. The obligations and requirements imposed by AD/UH-1/20 Amdt 1 are essentially the same as those in the original AD/UH-1/20, with the primary difference being the corrected reference to the FAA Advisory Circular. Operators and maintainers of Bell Helicopter Textron UH-1 series helicopters must ensure that they are using the correct procedures for detecting and addressing tail boom and fin cracking as outlined in FAA AC 43-13-1B, Chapter 5, Section 6. This involves conducting inspections in accordance with the specified procedures and replacing any cracked parts to ensure the continuing airworthiness of the aircraft. Compliance with this AD is crucial for maintaining the safety standards required by international civil aviation regulations. For breaches of the requirements set forth in AD/UH-1/20 Amdt 1, there are potential civil and criminal consequences. Civil penalties may apply if operators or maintainers fail to comply with the AD, potentially leading to enforcement actions by CASA. Non-compliance could also result in the grounding of the affected aircraft until the necessary repairs and inspections are completed. From a criminal perspective, serious breaches that lead to safety incidents could result in prosecution under relevant aviation safety laws, with potential penalties including fines and imprisonment. While specific maximum penalties are not detailed in the AD, the severity of the consequences underscores the importance of adhering to the AD’s requirements.

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Administrative Law
Civil Aviation Law
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Regulation
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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.