AD/ARRIEL/36 - Return to Service for Civil use from an Operator Not Controlled by a Civil Authority

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

Legislation au F2013L00580 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby maintaining the safety standards necessary for civil aviation. This particular legislative instrument, AD/ARRIEL/36, was introduced to address the safety concerns arising from the use of certain Turbomeca Arriel turbine engines that had been operated by non-civil authorities, potentially leading to unsafe conditions for civilian operations. The instrument was prepared by CASA, relying on its authority under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it became effective on 31 August 2013. The policy objective is to ensure the safe civilian operation of these engines, requiring operators to review the engines' operating and service history to issue an approved release note for return to civil service.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically Airworthiness Directive AD/ARRIEL/36, applies to operators of certain Arriel turbine engines previously used by non-civil aviation authority controlled operators. This legislation is integral to ensuring the safety of air navigation and the continuing airworthiness of aircraft in accordance with Australia's obligations under the Convention on International Civil Aviation. The directive targets all operators within Australia who use affected Arriel engines and mandates a review of the engines' operating and service history to ensure their safe return to civil service. This AD is applicable nationwide and is effective from 31 August 2013. The regulations extend their application through subordinate instruments, such as airworthiness directives, which are issued by the Civil Aviation Safety Authority (CASA) to address specific safety concerns. The AD is compatible with human rights as it does not engage any of the applicable rights or freedoms, as evidenced by the Statement of Compatibility with Human Rights.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this context are section 39.001, which allows for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), and section 39.001A, which specifically pertains to ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA). The regulation AD/ARRIEL/36, issued under these sections, requires operators to review the operating and service history of specified Arriel turbine engines to ensure their safe return to civil service (section 39.001A). This requirement is to address the potential unsafe conditions of engines that were previously operated by entities not controlled by a civil aviation authority. The AD imposes several obligations on the parties involved. Firstly, the registered operator of the affected helicopter must thoroughly review the engine's operating and service history. This review is crucial to determining whether the engine is safe to return to civil service. Additionally, the operator must ensure that the engine meets all necessary safety standards and requirements set forth in the AD before it is allowed to operate again. CASA mandates that the operator must obtain an approved release note, issued by a qualified individual or entity, confirming that the engine is safe to use in civil aviation (section 39.001A). Failure to comply with the requirements set out in AD/ARRIEL/36 can result in significant legal consequences. Under the Civil Aviation Act 1988 (section 98), non-compliance with an AD can be considered an offence. The AD itself does not specify particular penalties, but the general provisions of the Act may apply. For example, CASA has the authority to impose fines and other penalties for breaches of the AD. The exact penalties can vary but may include substantial fines and, in severe cases, the possibility of criminal charges against individuals or entities responsible for the non-compliance. The potential penalties underscore the importance of adhering to the AD to maintain the safety and integrity of civil aviation operations.

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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.