Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/ARRIEL/36 — Return to Service for Civil use from an Operator Not Controlled by a Civil Authority
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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 Annex 8 to the Convention on International Civil Aviation (the Convention), 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 to the Convention, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998.
The European Aviation Safety Agency (EASA) issued AD 2007-0045 affecting Turbomeca Arriel turbine engines in 2007. EASA is the State of Design for this engine type. CASA has assessed this AD and has issued Australian AD/ARRIEL/36 which will become effective for all affected engines from 31 August 2013.
Consultation
In preparing this AD, CASA drew on the knowledge of persons within CASA who have expertise in fields relevant to the AD. No further consultation of the Australian public about this AD has taken place.
CASA is satisfied that consultation of the Australian public on this AD is unnecessary and inappropriate, as the AD is issued to comply with Australia’s obligations under the Convention, and because it is issued in response to an AD raised by the relevant State of Design. Further, the AD is issued to require action to correct the unsafe condition of aircraft.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 31 August 2013.
The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
[Instrument number AD/ARRIEL/36]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AD/ARRIEL/36 - Return to Service for Civil use from an Operator Not Controlled by a Civil Authority
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 ensure the safe civilian operation of specified helicopter engines that were previously used by an operator that was not under the control of a civil aviation authority.
Turbomeca, the manufacturer of the specified engines, has advised the European Aviation Safety Agency (the certificating civil aviation authority) that some helicopters equipped with Arriel engines may be or may have been sold to civil operators. The use of specified Arriel engines which have been previously used by an operator who is not under control of a civil aviation authority may result in the engines being in an unsafe condition for civil operations.
This Airworthiness Directive requires the registered operator to review the engines operating and service history to allow the issue of an approved release note to allow the engine to return to civil service.
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