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

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

Legislation au F2019L01283 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/UH-1/20 - 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.

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. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/UH-1/20 to mandate requirements equivalent to FAA AD 83-03-03.


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

CASA has consulted with industry via CASa proposed AD PAD/UH-1/20 which was open for comment for a period of 8 weeks with comments closing on 14 December 2018.  No comments were received by CASA in response to the consultation.

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 2 October 2019.

[Instrument number AD/UH-1/20]


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 - 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. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/UH-1/20 to mandate requirements equivalent to FAA AD 83-03-03.

The primary purpose of this legislative instrument is to mandate the requirements of FAA AD 83-03-03.

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 continuing airworthiness of aircraft and aeronautical products, aligning with international safety standards as per the Convention on International Civil Aviation. This regulation, specifically AD/UH-1/20, was introduced to address the identified issue of fretting and cracking in the tail boom and fin of Bell Helicopter Textron UH-1 series helicopters, as mandated by the Federal Aviation Administration's AD 83-03-03. The Australian Civil Aviation Safety Authority (CASA), acting under the powers conferred by the Civil Aviation Act 1988, issued this airworthiness directive to ensure compliance with safety standards in Australia. The policy objective is to maintain the safety of aircraft registered in Australia by enforcing equivalent requirements as stipulated by the foreign airworthiness directive, thus ensuring that any safety concerns identified in the United States are also addressed within the Australian aviation sector.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (Bell Helicopter Textron UH-1 Series Helicopters) Airworthiness Directive 2019 (AD/UH-1/20) applies to Bell Helicopter Textron UH-1 series helicopters on the Australian Register. The directive mandates the detection and replacement of cracked tail boom and fin components in these aircraft to ensure continuing airworthiness. It specifically targets the aerospace industry and operators of UH-1 helicopters registered in Australia. Geographically, the directive applies within Australia's jurisdictional boundaries and is issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. The directive extends to all UH-1 helicopters within Australia, irrespective of whether they were originally designed or manufactured in the United States of America. This airworthiness directive is a legislative instrument, and while it does not explicitly state exclusions or thresholds, it is intended to apply universally to all affected aircraft. The authority to issue such directives is derived from the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with potential amendments or variations possible through subordinate instruments issued by CASA.

Key Provisions

The key provisions of AD/UH-1/20 involve mandating the requirements set forth in FAA AD 83-03-03 for Bell Helicopter Textron UH-1 series helicopters in Australia. This airworthiness directive (AD) is issued under section 98 of the Civil Aviation Act 1988, allowing the Governor-General to make regulations for safety purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products. The AD specifically addresses issues of fretting and cracking in the tail boom and fin components of the helicopters, requiring detection and replacement of any cracked parts. The directive incorporates FAA AD 83-03-03 and references FAA Advisory Circular 43-13-1B for non-destructive testing procedures, both of which are publicly accessible. The AD imposes several obligations on the parties it governs, including operators and maintenance personnel of Bell UH-1 helicopters registered in Australia. They must comply with the detection and replacement requirements outlined in the directive. Operators must ensure that inspections are conducted in accordance with the non-destructive testing procedures specified in FAA AC 43-13-1B. Maintenance personnel must follow the instructions provided to identify and replace any cracked parts. Additionally, the AD requires operators to maintain records of inspections and any actions taken to comply with the directive. Failure to comply with AD/UH-1/20 can result in serious consequences. The AD outlines that non-compliance may lead to the aircraft being considered unairworthy, which could result in grounding of the aircraft until the required inspections and repairs are completed. Under section 33 of the Acts Interpretation Act 1901, CASA has the authority to issue enforcement actions against entities that fail to comply with ADs. The potential penalties for non-compliance can include fines, enforcement actions, or other regulatory measures as deemed necessary by CASA. The maximum penalties for such offences are not explicitly stated in the AD but are generally determined based on the severity and frequency of the non-compliance.

Legal classification tags

Area of Law
Administrative Law
Aviation Law
Instrument
Airworthiness Directive
Concepts
Definitions & Interpretation
Compliance Obligations
Enforcement Powers
Reporting & Disclosure Obligations

Interactions

Authorises

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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.