AEB 17/1583 - Approval – Means of Compliance with Transport Canada Airworthiness Directive (AD) CF-2011-24 - Wing to Fuselage Attachment Joints - Barrel Nut Cracking

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

Legislation au F2017L00368 In force Legislative Instrument

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CIVIL AVIATION ACT 1988

CIVIL AVIATION SAFETY REGULATIONS 1998

Approval - Compliance with Transport Canada Airworthiness Directive (AD) CF-2011-24 - Wing to Fuselage Attachment Joints - Barrel Nut Cracking

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. 

In accordance with paragraph 39.004(3)(a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an airworthiness directive (AD) for a particular kind of aircraft or aeronautical product. 

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 ICAO 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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.

Transport Canada as the State of Design for Bombardier DHC-8 aircraft issued AD CF-2011-24 with an effective date of 8 August 2011. The AD deals with wing to fuselage attachment joints barrel nut cracking.

Transport Canada AD CF-2011-24 requires operators of Bombardier DHC-8 aircraft to conduct a torque check and detailed visual inspection of each barrel nut in accordance with the accomplishment instructions in Bombardier Service Bulletin (SB) 84-57-25, Initial Issue, dated 20 July 2011. CASA has issued this approval of an AMOC that allows compliance with the requirements of AD CF-2011-24 by compliance with Bombardier Service bulletin 84‑57-26 or Bombardier modification summary package (ModSum) 4-123841, 4-113769 or 4-113768, as in force at the date of this instrument being made. The service bulletins and ModSum are available from Bombardier for a fee. The operators of the relevant aircraft in Australia have a subscription with Bombardier to access these documents.

Legislation Act 2003

Subregulation 39.004(3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004(3)(a) is issued under subsection  98(5A) of the Act.

 

Subsection 95(5B) provides that an instrument issued under subsection 98(5A) of the Act is a legislative instrument.

 

Therefore, in accordance with subsection 98(5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under Chapter 7 of the LA.

 

Consultation

CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the aircraft with the Transport Canada AD.

 

The instrument commences on the date of registration.

 

The instrument has been made by a delegate of CASA, in accordance with subregulation 11.260(1) of the CASR 1998.


Attachment 1

Statement of Compatibility with Human Rights

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

Approval - Compliance with Transport Canada Airworthiness Directive (AD) CF-2011-24 - Wing to Fuselage Attachment Joints - Barrel Nut 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 purpose of this legislative instrument is to provide an alternate means of compliance (AMOC) with Transport Canada Airworthiness Directive (AD) CF‑2011‑24.

Transport Canada AD CF-2011-24 requires operators of Bombardier DHC-8 aircraft to conduct a torque check and detailed visual inspection of each barrel nut in accordance with the accomplishment instructions in Bombardier Service Bulletin (SB) 84-57-25, Initial Issue, dated 20 July 2011. CASA has issued this approval of an AMOC that allows compliance with the requirements of AD CF-2011-24 by incorporation of Bombardier SB 84‑57-26 or the incorporation of Bombardier modification summary package (ModSum) 4-123841, 4-113769 or 4-113768.

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 Act 1988, enacted by the Australian Parliament, is a foundational piece of legislation designed to regulate and ensure the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations, including those pertaining to airworthiness directives, to safeguard the interests of the nation’s air travel. One such regulation is the Civil Aviation Safety Regulations 1998 (CASR 1998), which provides the framework for the issuance of airworthiness directives and means of compliance. This legislative environment is vital for maintaining the high standards of aviation safety required under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in international agreements. The Civil Aviation Safety Authority (CASA) plays a crucial role in this framework by assessing and approving means of compliance with airworthiness directives issued by foreign authorities, thereby facilitating compliance by Australian operators with international safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 apply to the approval of compliance with an airworthiness directive issued by a foreign state for the purpose of ensuring the safety of air navigation. Specifically, subregulation 39.004(3)(a) of the CASR 1998 authorises the Civil Aviation Safety Authority (CASA) to approve a means of compliance with an airworthiness directive (AD) for a particular kind of aircraft or aeronautical product. This regulation extends to all aircraft registered in Australia, ensuring that these aircraft meet the continuing airworthiness standards required by international conventions. The scope of this regulatory approval is limited to the means of compliance with Transport Canada AD CF-2011-24 for Bombardier DHC-8 aircraft, requiring operators to conduct specific inspections and torque checks on barrel nuts as per Bombardier Service Bulletin 84-57-26 or specified modification summary packages. This approval facilitates compliance by Australian operators with international airworthiness standards, reflecting the broader obligation of the State of Registry to ensure aircraft safety as per Annex 8 to the Convention on International Civil Aviation. The legislative instrument is subject to tabling and disallowance in the Parliament under the Legislation Act 2003, and it is deemed compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislative instrument are sections 39.004(3)(a) and 95(5B). Section 39.004(3)(a) allows the Civil Aviation Safety Authority (CASA) to approve a means of compliance (AMOC) with an airworthiness directive (AD) issued by another country, while section 95(5B) establishes that such instruments are legislative and must be tabled and disallowed in Parliament. This legislative instrument provides an AMOC for Transport Canada Airworthiness Directive (AD) CF-2011-24, which concerns wing to fuselage attachment joints barrel nut cracking in Bombardier DHC-8 aircraft. CASA has approved the use of Bombardier Service Bulletin (SB) 84-57-26 or Bombardier modification summary package (ModSum) 4-123841, 4-113769 or 4-113768 as an alternate method to comply with AD CF-2011-24. The obligations imposed on the parties governed by this Act primarily involve ensuring the continuing airworthiness of aircraft. Operators of Bombardier DHC-8 aircraft must conduct a torque check and detailed visual inspection of each barrel nut as specified in Bombardier Service Bulletin (SB) 84-57-25 or its equivalents. They must also comply with the AMOC approved by CASA, which allows them to use Bombardier SB 84-57-26 or specific ModSum packages. Additionally, CASA must ensure that these means of compliance are suitable and that the information provided to the operators is adequate to maintain the safety standards required under the Civil Aviation Act 1988. The Act does not explicitly detail offences, penalties, or consequences for breach in this specific legislative instrument. However, generally, non-compliance with airworthiness directives and approved means of compliance can lead to serious consequences under the Civil Aviation Act 1988. Penalties for non-compliance can include fines, suspension or revocation of airworthiness certificates, and potential criminal charges if the non-compliance results in an aviation accident or incident. The exact penalties would be determined based on the severity of the non-compliance and any resulting harm.

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Legislative Instrument
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Definitions & Interpretation
Compliance Obligations
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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.