AD/UH-1/20 Amdt 2 Tail Boom and Fin - Fretting and Cracking

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Legislation au F2019L01376 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/UH-1/20 Amdt 2 — 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 2 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. CASA subsequently issued AD/UH-1/20 Amdt 1 to correct a typographical error in a referenced document number. As a result of a request from industry, CASA has issued AD/UH-1/20 Amdt 2 to provide industry with an extension to the compliance time, to clarify the inspection requirements, to insert references to source documents for figures used in the AD, and to provide guidance for the proposal and approval of radiological or alternative inspection procedures. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

The AD refers to FAA AD 83-03-03 for information, explaining it as the source document for figure 1 in the AD. The FAA AD is not incorporated by reference in the AD. The FAA 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 refers to National Transportation Safety Board of the United States of America Safety Recommendation(s) A-82-52 for information, explaining it as a source document for figure 2 of the AD. This document is publicly available can be found at the following internet address:

https://www.ntsb.gov/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=A-82-052

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 providing industry with an extension to the compliance time, clarifying the inspection requirements, inserting references to source documents for figures used in the AD, and providing guidance for the proposal and approval of radiological or alternative inspection procedures, 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 25 October 2019.

[Instrument number AD/UH-1/20 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/UH-1/20 Amdt 2 – 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 issued AD/UH-1/20 to mandate the requirements of FAA AD 83-03-03. CASA subsequently issued AD/UH-1/20 Amdt 1 to correct a typographical error in a referenced document number. As a result of a request from industry, CASA has repealed and replaced AD/UH-1/20 Amdt 1 to provide industry with an extension to the compliance time, to clarify the inspection requirements, to insert references to source documents for figures used in the AD, and to provide guidance for the proposal and approval of radiological or alternative inspection procedures.

The primary purpose of this legislative instrument is to provide industry with additional time to comply with the requirements of the AD and to provide clarification and guidance to assist with compliance.

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 ensure the safety of civil aviation in Australia, harmonising with international standards and providing a robust regulatory framework. The 1988 Civil Aviation Act empowers the Governor-General to make regulations for the purpose of implementing the Convention on International Civil Aviation, with a particular focus on safety. Under this authority, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD) for specific types of aircraft or aeronautical products. AD/UH-1/20 Amdt 2, made under this legislative framework, addresses the issue of fretting and cracking in the tail boom and fin of Bell Helicopter Textron UH-1 series helicopters. The amendment responds to industry requests by extending compliance time, clarifying inspection requirements, and providing additional guidance on radiological or alternative inspection procedures. This amendment seeks to ensure that the continuing airworthiness of these helicopters is maintained in accordance with international safety standards. The policy objective is to enhance safety and operational efficiency by ensuring that all stakeholders have clear and accessible information regarding compliance requirements.

Scope and Application

The AD/UH-1/20 Amdt 2 pertains specifically to the Bell Helicopter Textron UH-1 (All Variants) Series Helicopters, which are registered in Australia. This legislative instrument applies to all operators and owners of these helicopters within the Australian jurisdiction. The primary objective of the amendment is to provide operators and owners of the UH-1 series helicopters with additional time to comply with the airworthiness directives, clarify the inspection requirements, insert references to source documents for figures used in the directives, and provide guidance for the proposal and approval of radiological or alternative inspection procedures. This amendment was issued in response to a request from the industry. The AD/UH-1/20 Amdt 2 repeals and replaces AD/UH-1/20 Amdt 1 and is made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The amendment does not substantially alter existing arrangements beyond providing the aforementioned clarifications and guidance. Additionally, this legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms. The AD/UH-1/20 Amdt 2 is applicable nationally within Australia, as it is an amendment to an existing airworthiness directive issued by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. The AD/UH-1/20 Amdt 2 aims to ensure the continuing airworthiness of the Bell Helicopter Textron UH-1 (All Variants) Series Helicopters operating in Australia by addressing issues related to tail boom and fin fretting and cracking. CASA, as the national airworthiness authority, is responsible for assessing foreign airworthiness directives issued by the State of Design (in this case, the United States of America) and issuing corresponding Australian airworthiness directives when necessary. The AD/UH-1/20 Amdt 2 is one such amendment, which extends compliance time, clarifies inspection requirements, inserts references to source documents, and provides guidance for the proposal and approval of radiological or alternative inspection procedures.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to carry out and give effect to the provisions of the Convention on International Civil Aviation. Regulation 39.001 of the CASR specifically empowers CASA to issue ADs for a kind of aircraft or aeronautical product. AD/UH-1/20 Amdt 2 is an amendment to the previously issued AD/UH-1/20, which itself mandated the requirements of FAA AD 83-03-03, issued by the Federal Aviation Administration (FAA) in 1983. This amendment extends the compliance time for industry, clarifies the inspection requirements, inserts references to source documents for figures used in the AD, and provides guidance for the proposal and approval of radiological or alternative inspection procedures. The AD imposes obligations on the operators of Bell Helicopter Textron UH-1 (All Variants) Series Helicopters. Operators must ensure that the inspection and maintenance requirements specified in the AD are adhered to within the stipulated timeframe. The AD also mandates that operators maintain records of inspections and any corrective actions taken. Furthermore, operators are required to submit any proposed radiological or alternative inspection procedures to CASA for approval, following the guidance provided in the AD. These obligations are designed to ensure that the safety concerns identified in the original FAA AD are effectively addressed in Australia. Breach of the requirements set out in AD/UH-1/20 Amdt 2 can result in significant civil and criminal consequences. Under section 13.005 of the CASR, a person who contravenes an AD commits an offence. Such an offence is subject to a penalty of up to 500 penalty units for an individual and 2,500 penalty units for a body corporate, as prescribed by section 13.010 of the CASR. Additionally, CASA can issue a direction to rectify non-compliance, and failure to comply with such a direction can result in further penalties or even the grounding of the affected aircraft. These provisions underscore the importance of adhering to the safety requirements mandated by the AD.

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Aviation Law
Instrument
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Commencement Provisions
Regulatory 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.