Airworthiness Directives 2004 - Revocation and Remaking - Bombardier (Boeing Canada/De Havilland) DHC-8 Series Aeroplanes

The instrument relies on a narrow set of procedural legal steps: revocation and remaking. The two central commands are to revoke the ADs listed in Schedule 1 and to make them anew as separate instruments (instrument text, paras (a) and (b)). The subject-matter scope is confined to Airworthiness Directives that relate to "Bombardier (Boeing Canada/De Havilland) DHC-8 Series Aeroplanes" (Schedule 1 heading).

The schedule performs a catalogue function, listing 99 AD entries by short title and AD number. Several entries include amendment identifiers (for example, "Amdt 1", "Amdt 2", "Amdt 3", "Amdt 4"), indicating that the listed ADs have existing amendment histories. Some entries include the word "CANCELLED" in the AD name (for example, "Electronic Fuel Control Unit - CANCELLED AD/DHC-8/2" and "APU Fuel Line Chafing - CANCELLED AD/DHC-8/95"), which the schedule reproduces as the AD's most recently published form. The instrument’s note makes explicit that each attached AD is re-made "in exactly the same form as appears in the latest published edition of the Directive," which ties the remade instruments verbatim to whatever the then-current published AD content was (note under signature).

The instrument sets no new technical standards itself. Instead it operates as a housekeeping, republishing, and structural action: it withdraws earlier instruments and repromulgates them as separate instruments. The phrasing indicates the re-made ADs will be separate legal instruments, not incorporated into a single consolidated instrument by this act. The single enabling subregulation cited is subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (instrument preamble), which is the statutory basis for the delegate’s power to issue or revoke ADs. The instrument does not, in this text, provide transitional provisions, dates for the revocation or re-issuance to take effect, nor schedules of compliance for the technical actions listed in the AD titles; instead, it directs that the remade ADs be attached and be identical to the latest published editions.

The practical import is procedural rather than substantive in this notice: existing ADs listed are formally revoked and simultaneously recreated in the same form as the latest published ADs, and the delegate signs to enact that change under the cited subregulation.

The instrument expressly targets ADs concerning "Bombardier (Boeing Canada/De Havilland) DHC-8 Series Aeroplanes" (Schedule 1). Accordingly, owners, operators, registrants, maintenance organisations, aircraft engineers and other persons responsible for the airworthiness of those DHC-8 series aeroplanes are the primary audience for the operative change. The instrument itself does not list registrants or operators by name, but the AD numbers and titles relate to systems and components found on DHC-8 series aeroplanes (Schedule 1), so the population of aircraft, components and organisations associated with those aeroplanes will be the practical group affected when the re-made ADs take effect.

Decision authority is vested in a CASA delegate, as shown by the instrument’s opening: "I, DAVID ALAN VILLIERS, delegate of the Civil Aviation Safety Authority, acting under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998" (instrument preamble). That locates the power to revoke and remake ADs in a named delegate of the regulator rather than in an unrelated entity.

Because the instrument revokes listed ADs and remakes them "as separate instruments" (instrument paras (a) and (b)), the persons who previously relied upon, complied with, or enforced the original ADs will need to treat the re-made ADs as the operative instruments once published. The instrument’s note states that each attached AD is being re-made "in exactly the same form as appears in the latest published edition of the Directive," which implies that the substantive obligations, if any, contained in those latest published ADs will continue unchanged in the re-made instrument. Therefore, the set of obligations and the population subject to them remain the people and organisations to whom the original ADs applied, as described in the latest published editions of those ADs.

The schedule also includes ADs marked "CANCELLED" in the printed title (for example, AD/DHC-8/2 and AD/DHC-8/95). Those entries will require particular attention from operators and maintainers, because the phrase "CANCELLED" appears in the AD title as listed in Schedule 1, and the note indicates attached ADs are re-made exactly as in the latest published edition. Practitioners responsible for compliance therefore must consult the attached re-made AD instruments to determine whether any particular entry imposes ongoing actions or records a cancellation.

Finally, while the instrument does not itself set out timelines, it is dated 20 December 2004 and so determines the administrative moment at which the revocation and re-making occurred, subject to any operative dates contained in the separate re-made AD instruments (signature block and date).

The instrument before us is primarily procedural: it revokes and reissues ADs listed in Schedule 1 and does not itself set out technical compliance obligations, rights of review, or enforcement mechanisms within its body. The key operative duties and rights that would control aircraft operators and maintenance organisations therefore derive from three linked facts in the instrument: (1) the instrument constitutes action under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (instrument preamble); (2) it revokes the ADs named in Schedule 1 (instrument para (a)); and (3) it remakes each AD mentioned in Schedule 1 "as separate instruments" and attached, "in exactly the same form as appears in the latest published edition of the Directive" (instrument para (b) and the post-signature note).

From those statements one can draw the following precise, text-supported propositions about duties and rights:

• The instrument itself imposes no new duties by its text other than the administrative change of revocation and reissue; substantive duties (for example, inspections, modifications, replacements, operational restrictions) are contained within the attached ADs in their latest published editions, which the instrument re-makes verbatim (note). Any duty applicable to an owner or operator will therefore be found in the re-made AD instrument that corresponds to the AD number and title in Schedule 1.

• Rights that flow from an AD (for example, rights to seek relief, apply for an alternative means of compliance, or appeal administrative decisions) are not specified in this instrument. Such procedural rights, if any, would typically be contained in the enabling regulation or in the individual ADs themselves; this instrument does not reproduce those provisions. The instrument does state that the delegate acts under subregulation 39.001(1) of the CASR 1998, which locates the authority to issue ADs in the statutory framework of the Civil Aviation Safety Regulations (instrument preamble). Practitioners must therefore consult subregulation 39.001(1) and the re-made AD instruments for procedural rights relevant to the particular directive.

• For entries listed in Schedule 1 that include "CANCELLED" in the title, the instrument reproduces that status as part of the AD's latest published edition. The note that "Each attached Airworthiness Directive is being re-made in exactly the same form as appears in the latest published edition of the Directive" (note) means the re-made instrument will carry whatever status,actionable requirement or cancellation,was present in the latest published edition. Consequently, a duty to act will not be created by this revocation/remaking if the latest published edition of the AD is itself marked CANCELLED.

• Amendment markers (e.g., "Amdt 1") shown in Schedule 1 are reproduced in the list. Those amendment markers indicate that the ADs listed have amendment histories; the re-made instruments are, by the instrument’s own terms, identical to their latest published editions, which will incorporate those amendments. Therefore, the re-made AD instrument will carry the substantive effect of the latest amended text as published.

In short, the instrument restructures how the ADs are presented and enforced administratively (separate instruments re-made verbatim), but the specific operative duties and rights that bind owners and operators are those contained in the attached, re-made AD instruments, not in the revocation/remaking instrument itself.

The text of this instrument does not itself set out penalties, fine amounts, enforcement procedures or criminal or civil sanctions. The instrument states the delegate is acting "under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998" (instrument preamble). That locates the power to make and revoke ADs within the Civil Aviation Safety Regulations framework, and indicates that enforcement and penalties, if any, are matters governed by the statutory/regulatory framework that gives effect to ADs rather than by the procedural revocation/remaking instrument itself.

The instrument’s operative clauses are limited to revocation and remaking: "(a) revoke the Airworthiness Directives mentioned in Schedule 1; and (b) make, as separate instruments, each Airworthiness Directive mentioned in Schedule 1 and attached" (instrument paras (a) and (b)). Because the instrument republishes ADs "in exactly the same form as appears in the latest published edition of the Directive" (note), any enforcement measures, compliance timelines, or penalty clauses that applied under the latest published editions of those ADs will be carried forward into the re-made instruments in the form they had at the time of publication. In other words, enforcement relies on the substantive content of the individual ADs as re-made, not on this procedural instrument.

Practitioners therefore must consult three sources to assess penalties and enforcement exposure: (1) the enabling statute and regulations (here, the Civil Aviation Safety Regulations 1998, specifically subregulation 39.001(1) cited in the instrument), for the regulator’s powers and any general offence provisions; (2) the latest published editions of the ADs as re-made by this instrument, which may themselves include or reference compliance and enforcement particulars; and (3) the separate instruments created by this instrument, which are described as attached and verbatim to the latest published editions. The instrument as provided here does not identify specific enforcement actors, penalties, or enforcement procedure beyond signifying that the delegate has exercised his power under the cited subregulation to revoke and reissue the listed ADs.

This instrument is explicitly exercised under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 (instrument preamble). That situates the instrument within the statutory regulatory framework governing airworthiness and ADs. The instrument itself neither amends the Civil Aviation Safety Regulations nor purports to alter other statutory regimes; instead, it uses the statutory power to manage the administrative status of specific AD instruments.

Functionally, the instrument revokes and remakes ADs previously in force. That means the instrument replaces earlier instruments listed in Schedule 1 with newly created separate AD instruments that are stated to be identical to the latest published editions of those ADs (instrument paras (a), (b), and the note). Where other laws, regulations, maintenance manuals, operating manuals, or contractual arrangements reference the prior AD instrument numbers or text, this revocation and re-making may change the locus of the governing instrument to the re-made separate ADs. The instrument does not itself provide cross-references or transitional provisions to manage external references; therefore, any statutory, contractual or manual references to the ADs should be checked against the re-made instruments.

A notable interaction issue arises from the presence of "CANCELLED" in some AD titles within Schedule 1. The reproduced titles show that the latest published edition of those ADs included the cancellation status. Because the re-made ADs are stated to be identical to the latest published editions, those cancellations will be carried forward to the separate instruments. Where other laws, approvals, approvals-to-operate or Continuing Airworthiness Requirements reference a cancelled AD, operators will need to reconcile that cancellation with their obligations under other regulatory instruments. The revocation/remaking instrument itself does not resolve cross-instrument conflicts; it changes the administrative form by which the latest published AD status is held (separate instruments).

The instrument also lists amendment identifiers in the Schedule (for example, "Amdt 1", "Amdt 2", "Amdt 3", "Amdt 4"). The effect is that the separate instruments re-made will include the substance of those amendments as they appear in the latest published edition. For persons tracking amendment histories, the re-made instruments will, according to the note, mirror the latest consolidated published text and therefore should represent the operative content relied upon by other statutory or contractual regimes.

Finally, by revoking and re-making multiple ADs as separate instruments, the delegate changes the administrative form in which airworthiness directives are published and cited. That has the practical effect of altering the immediate point of reference for compliance and may therefore interact with external legal instruments that cite the previous form or numbering system for the ADs. The instrument does not itself provide detailed cross-referencing or transitional rules to reconcile such citations, so practitioners must verify that references elsewhere now point to the re-made separate instruments.

The instrument is titled "Airworthiness Directives 2004 - Revocation and Remaking - Bombardier (Boeing Canada/De Havilland) DHC-8 Series Aeroplanes." It is dated 20 December 2004 and signed by the CASA delegate, David Villiers (signature block and date). The instrument revokes ADs "mentioned in Schedule 1" and re-makes those ADs as separate instruments in the form of the latest published editions (instrument paras (a) and (b); note). The Schedule lists 99 AD entries, many of which carry amendment markers such as "Amdt 1", "Amdt 2", "Amdt 3", and "Amdt 4". Those amendment markers in the Schedule indicate that the various ADs have previously been amended; the instrument’s note states that each attached AD is re-made "in exactly the same form as appears in the latest published edition of the Directive," which implies the re-made instruments will incorporate the effect of those prior amendments.

The instrument does not itself show the textual amendments made to individual ADs. Rather, it is an administrative measure to revoke existing AD instruments and create separate instruments that replicate the latest published editions. The amendment markers in Schedule 1 therefore reflect prior amendment activity that is being preserved by this reissuing exercise. The Schedule entries with amendment markers include, for example, "Fire Bottle Explosive Squib Wiring AD/DHC-8/5 Amdt 1", "Electronic Engine Control Units AD/DHC-8/7 Amdt 1", "Flap Drive and Torque Sensing Systems AD/DHC-8/8 Amdt 4", "MLG Actuator Support Bracket and Bolts AD/DHC-8/15 Amdt 3", among others.

Two entries in the Schedule are explicitly designated "CANCELLED" in their names: "Electronic Fuel Control Unit - CANCELLED AD/DHC-8/2" and "APU Fuel Line Chafing - CANCELLED AD/DHC-8/95". The presence of "CANCELLED" in the AD title as reproduced in Schedule 1 indicates that the latest published edition of those ADs included a cancellation status and that the re-made separate instruments will mirror that status.

The instrument does not include a running amendment history for itself beyond the single entry dated 20 December 2004. It does not indicate earlier versions of this particular revocation/remaking instrument. The Schedule, however, functions as an index that preserves the AD numbers and the current amendment state of each AD as of the date of this instrument; those items will be reproduced in the separate AD instruments that the instrument directs to be made.

For anyone tasked with audits or historical tracking, the explicit list of AD numbers with amendment markers in Schedule 1 provides a snapshot of the AD landscape for DHC-8 aeroplanes as of the date of this instrument, and the instrument’s note confirms that the separate instruments will match the latest published editions to which those markers relate.

The text of the instrument contains no report of litigation, court decisions, appeals, or judicial review related to this revocation and remaking exercise. There are no references to cases, legal challenges, or enforcement proceedings in the instrument as published here. The document is an administrative instrument signed by a CASA delegate and simply records the revocation and re-creation of a set of ADs; it does not, within its text, mention any litigation outcomes or pending disputes.

If litigation or appeals exist that involve any of the ADs listed in Schedule 1, those proceedings and outcomes are not recorded in this instrument. Practitioners seeking a litigation history relevant to any particular AD number or subject area listed in Schedule 1 must consult court records, tribunal decisions, or administrative appeal records outside the content of this instrument. The instrument itself gives no indication of such matters.

Therefore, the authoritative content provided here does not include any litigation history. Any claim about judicial interpretation or contestation of any listed AD must be verified against external legal records; nothing in the text of this instrument reports or summarises such litigation.

Several practical pitfalls and points of potential confusion arise from the text as published.

1. Procedural instrument, not substantive content. The document revokes listed ADs and remakes them as separate instruments but does not itself publish the substantive AD text in this notice. The instrument’s note states the re-made ADs are "in exactly the same form as appears in the latest published edition of the Directive." Practitioners might incorrectly assume that this revocation/remaking notice contains the operative AD requirements; it does not. The separate instruments (the attached ADs) must be consulted to determine substantive obligations.

2. Presence of "CANCELLED" in Schedule 1. Some AD entries are listed with "CANCELLED" in the AD name (for example, AD/DHC-8/2 and AD/DHC-8/95). Because the instrument re-makes each attached AD "in exactly the same form as appears in the latest published edition," the cancellation status will be reproduced in the separate instruments. Practitioners must not assume that an AD number listed in the schedule continues to impose actionable maintenance tasks simply because it appears in the list; the attached re-made AD may be a cancellation. Confirm the operative status by consulting the re-made AD.

3. Amendment markers preserved. Schedule 1 shows numerous "Amdt" markers. The re-made AD instruments will be identical to the latest published editions and thus will reflect the content after those amendments. If compliance or recordkeeping systems reference an earlier amendment version, those references must be reconciled against the re-made AD version that is the operative text.

4. Citation and cross-reference risk. Because the instrument revokes and re-makes ADs as separate instruments, previous citations to the earlier AD instruments could become out of date or ambiguous unless those citations are updated to reference the re-made instruments. This is particularly relevant where maintenance records, continuing airworthiness data, or contractual obligations cite AD numbers or specific versions. The instrument contains no transitional citation rules; updating references is a practical compliance task.

5. No explicit effective date in this notice. The instrument is dated 20 December 2004 (signature block), but the text gives no separate operative date or explanation of whether the revocation and remaking are immediate or will take effect upon publication of the attached separate instruments. The lack of an explicit effective date in the body of this document creates an implementation point: verify the effective date in the re-made AD instruments or in the agency’s publication records.

6. Expect to consult multiple sources. Because the instrument reproduces an index (Schedule 1) and relies on separately attached ADs "in exactly the same form" as latest published editions, compliance requires obtaining the attached AD instruments or the latest published AD editions. Failure to consult those separate texts could result in misapprehensions about which technical requirements remain in force.

7. Administrative duplication risk. The instrument’s approach,revoking and re-making multiple ADs as separate instruments,may create temporarily overlapping records if older ADs and the newly re-made ADs coexist in different publishing channels. Users must ensure they rely on the instruments created by this revocation/remaking exercise.

In summary, the principal "gotchas" are that this document is administrative, that cancelled ADs are listed and will be re-made as cancelled where appropriate, that amendments are preserved verbatim, and that users must obtain the re-made instruments themselves to determine operative obligations and effective dates.

The instrument itself does not set out technical compliance actions; it restructures how existing Airworthiness Directives for DHC-8 series aeroplanes are to be held and cited. Compliance therefore follows a straightforward, document-driven process grounded in the instrument’s operative statements and note.

1. Obtain the re-made AD instruments. The instrument directs that each AD mentioned in Schedule 1 be made "as separate instruments" and that each attached AD is "in exactly the same form as appears in the latest published edition of the Directive" (instrument paras (b) and the note). Practically, compliance begins with acquiring the separate AD instruments that this instrument creates (the attachments described). Those separate instruments are the operative legal texts that will specify required inspections, modifications, parts replacement, timescales, and any compliance relief or alternative methods of compliance.

2. Confirm status of entries marked "CANCELLED." If an AD in Schedule 1 is listed with "CANCELLED" in its title (for example, AD/DHC-8/2 and AD/DHC-8/95), the re-made separate instrument will replicate that cancellation status. Before performing any further work or recording compliance efforts, confirm whether the re-made AD is a cancellation and whether any follow-up or corrective action is still required under another AD or regulation.

3. Check amendment content. Many entries include "Amdt" identifiers. The note indicates the re-made instrument will be identical to the latest published edition, which will already reflect those amendments. Ensure maintenance procedures and records reflect the re-made AD text (including amended content) rather than an earlier version.

4. Update maintenance control documentation and continuing airworthiness records. Once the re-made AD instruments are obtained, ensure maintenance control manuals, maintenance schedules, logbooks and continuing airworthiness records reflect the re-made AD instruments and their effective dates. Where earlier instruments were referenced in maintenance documentation, update citations to point to the newly re-made AD instruments.

5. Verify effective dates and compliance windows. This revocation/remaking instrument is dated 20 December 2004, but it does not itself specify operative compliance dates for the technical measures contained in the individual ADs. For each re-made AD, confirm the effective date and the compliance timeframes set out in that AD, and apply them to affected aircraft in fleet management systems.

6. Coordinate with the regulator where there is uncertainty. Because this instrument is an administrative republishing and does not itself include enforcement or appeal provisions, any questions about interpretation, effective date, or whether a re-made AD imposes an actionable requirement (versus being cancelled) should be directed to CASA or the delegate responsible for airworthiness directives. The instrument’s preamble shows the delegate acted under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998; that regulation is the statutory context for ADs and is the starting point for queries about procedural rights.

7. Preserve audit trails. Record when the re-made ADs were obtained, the versions relied upon, and the dates on which compliance actions (inspections, modifications, part replacements) were carried out. Because this instrument revokes and re-makes ADs, audit evidence that links actions taken to the correct re-made instruments will be necessary for regulatory inspections.

8. Reconcile cross-references. Where other documentation (contracts, airworthiness approvals, MEL/OWE lists, operator manuals) refer to earlier AD texts or numbers, reconcile those cross-references to the new separate AD instruments. Ensure that any contractual obligations tied to a particular AD are met in light of the re-made AD’s substantive content.

In sum, compliance with the legal effect of this instrument is document-centric: obtain each re-made AD instrument that the revocation/remaking creates, confirm the substantive requirements (or cancellations) within each, update organisational records and maintenance practices to reflect the re-made texts, and verify effective dates and compliance windows as specified in the separate AD instruments.